Outcome
Individual claims
The respondent failed to file an ET3 response and a Rule 21 default judgment was entered. The tribunal determined from the ET1 and supporting documents that the respondent unlawfully failed to pay wages for February 2024 totalling £4,035.00 to each claimant.
Under Rule 21 default judgment, the tribunal accepted the claimants' case that the respondent failed to pay accrued but untaken holiday pay of £1,676.07 to each claimant, as evidenced in the claim form and supporting documents.
The tribunal found under Rule 21 that the respondent breached contract by failing to pay expenses of £300.00 to each claimant, as claimed in the ET1 without any response from the respondent.
Facts
Two claimants, Anoosh Patel and Daniel Riman, brought claims against Vape Fusion Ltd for unpaid wages, holiday pay and expenses. The respondent failed to file an ET3 response within the required deadline and did not request an extension of time. Each claimant claimed £4,035.00 in unpaid wages for February 2024, £1,676.07 in accrued but untaken holiday pay, and £300.00 in unpaid expenses.
Decision
Employment Judge Nash determined the claims on the papers under Rule 21 without a hearing, as the respondent had failed to respond. The tribunal accepted the claimants' case based on the ET1 and supporting documents, awarding each claimant the full amount claimed of £6,011.07, with the respondent ordered to account to HMRC for any tax and national insurance due.
Practical note
Where a respondent fails to file an ET3 response, Rule 21 enables the tribunal to enter default judgment on the papers without a hearing, accepting the claimant's case as proven based on the claim form and supporting documentation.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2219978/2024
- Decision date
- 20 September 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Vape Fusion Ltd
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No