Claimant v Florida Direct Limited
Outcome
Individual claims
Rule 21 default judgment entered because respondent failed to present a valid response on time. Tribunal awarded unpaid basic wages and commission for August to October 2023 for Mr King (£10,506.11) and September to October 2023 for Ms Stuart-Yildirim (£2,029.32), less payments already received.
Mr King was dismissed in breach of contract in respect of notice. Tribunal awarded damages of £1,500.00 representing one month's gross pay as notice pay, calculated on a gross basis as it would be taxed as Post Employment Notice Pay.
Mr King was dismissed by reason of redundancy. Tribunal awarded statutory redundancy payment of £1,929.00 calculated as 1.5 weeks' pay for each of 2 full years worked at £643.00 per week.
The Tribunal made no award for holiday pay because Mr King did not quantify his claim, despite presumably raising it in his claim form.
Facts
Two claimants, Mr King and Ms Stuart-Yildirim, were employed by Florida Direct Limited on monthly salaries of £1,500 plus commission. Mr King worked for 2 years and Ms Stuart-Yildirim's length of service is unclear from the judgment. Both claimants were not paid their basic wages and commission for their final months of employment (August-October 2023 for Mr King, September-October 2023 for Ms Stuart-Yildirim), though some partial payments were received. Mr King was dismissed by reason of redundancy without proper notice pay.
Decision
The respondent failed to present a valid response and the tribunal entered a Rule 21 default judgment. Mr King was awarded £13,935.11 in total comprising unpaid wages/commission (£10,506.11), notice pay (£1,500), and statutory redundancy pay (£1,929). Ms Stuart-Yildirim was awarded £2,029.32 for unpaid wages and commission. No holiday pay award was made for Mr King as he failed to quantify that element of his claim.
Practical note
In default judgment cases under Rule 21, claimants must properly quantify all heads of claim as the tribunal will only award amounts that can be calculated from the information provided.
Award breakdown
Award equivalent: 46.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2400484/2024
- Decision date
- 1 October 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £15,000–£20,000
- Service
- 2 years
Claimant representation
- Represented
- No