Outcome
Individual claims
The respondent failed to defend the claim by not filing an ET3. The tribunal accepted the claimant's evidence that she was entitled to 2.33 days of accrued but untaken holiday pay at £336 gross. This is an unlawful failure to pay holiday entitlement under the Working Time Regulations.
The respondent failed to provide written terms of employment within two months of employment starting, as required by law. The tribunal awarded two weeks' pay (£1,400) under section 38 of the Employment Act 2002 as a statutory penalty for this breach.
Facts
Ms Bazovska brought claims for unpaid holiday pay and failure to provide written terms of employment against Radovic Ltd. The respondent failed to file an ET3 response within the deadline and did not request an extension of time. The tribunal considered the claimant's ET1 and supporting documents on the papers without a hearing.
Decision
Employment Judge Goodman entered judgment in favour of the claimant under rule 21. The respondent was ordered to pay £336 gross for 2.33 days of accrued but untaken holiday pay, and £1,400 as a statutory award for failing to provide written terms of employment. The total award was £1,736.
Practical note
When a respondent fails to defend a claim by not filing an ET3, a tribunal can enter default judgment on the papers if satisfied the claims are well-founded, though monetary awards remain limited to provable losses.
Award breakdown
Award equivalent: 2.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6006393/2024
- Decision date
- 27 September 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Radovic Ltd
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No