Cases4104618/2024

Claimant v Structured House Ltd

2 September 2024Before Employment Judge M RobisonScotlandon papers

Outcome

Default judgment

Individual claims

Unfair Dismissalsucceeded

The respondent failed to respond to the claim after receiving a rule 28 order dated 23 May 2024. Under rule 21, the tribunal entered judgment in favour of the claimant on all claims as the respondent did not participate in the proceedings.

Unlawful Deduction from Wagessucceeded

The respondent failed to respond to the claim after receiving a rule 28 order dated 23 May 2024. Under rule 21, the tribunal entered judgment in favour of the claimant on all claims as the respondent did not participate in the proceedings.

Holiday Paysucceeded

The respondent failed to respond to the claim after receiving a rule 28 order dated 23 May 2024. Under rule 21, the tribunal entered judgment in favour of the claimant on all claims as the respondent did not participate in the proceedings.

Facts

Miss McDougall brought claims for unfair dismissal, unpaid wages and unpaid holiday pay against her former employer, Structured House Ltd. The respondent was sent a rule 28 notice and order on 23 May 2024 but failed to respond. The response was subsequently dismissed.

Decision

The tribunal entered judgment in favour of the claimant under rule 21 on all three claims due to the respondent's failure to participate in the proceedings. A remedy hearing will be scheduled to determine the compensation to which the claimant is entitled.

Practical note

Where a respondent fails to present a response after receiving proper notice, the tribunal will enter a default judgment in favour of the claimant under rule 21, with remedy to be determined at a subsequent hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Rule 21Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Rule 28

Case details

Case number
4104618/2024
Decision date
2 September 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No