Cases2600086/2024

Claimant v Rise 2 Shine Limited

13 August 2024Before Employment Judge HutchinsonMidlands Easton papers

Outcome

Default judgment£6,441

Individual claims

Unlawful Deduction from Wagessucceeded

This is a Rule 21 default judgment. The respondent failed to present a valid response on time. The tribunal determined that the respondent made unauthorised deductions from the claimant's wages.

Breach of Contractsucceeded

This is a Rule 21 default judgment. The respondent failed to present a valid response on time. The tribunal determined that the claimant was dismissed in breach of contract in respect of notice.

Redundancy Paysucceeded

This is a Rule 21 default judgment. The respondent failed to present a valid response on time. The tribunal determined that the claimant was dismissed by reason of redundancy and is entitled to a redundancy payment.

Holiday Paysucceeded

This is a Rule 21 default judgment. The respondent failed to present a valid response on time. The tribunal determined that the respondent failed to pay the claimant's accrued holiday entitlement.

Facts

Mr K Platt was employed by Rise 2 Shine Ltd. His employment ended by reason of redundancy. The respondent failed to pay him wages owed, notice pay, redundancy pay, and accrued holiday pay. The claimant issued proceedings in the Midlands East Employment Tribunal on 9 January 2024. The respondent failed to present a valid response on time.

Decision

Employment Judge Hutchinson entered judgment under Rule 21 because the respondent failed to respond. The tribunal awarded the claimant £175.00 for unlawful deductions from wages, £1,471.28 for notice pay, £2,500.80 for redundancy pay, and £2,294.40 for holiday pay, totalling £6,441.48.

Practical note

Employers who fail to respond to tribunal claims risk default judgments awarding full amounts claimed for wages, notice, redundancy, and holiday pay.

Award breakdown

Notice pay£1,471
Holiday pay£2,294
Redundancy pay£2,501
Unpaid wages£175

Case details

Case number
2600086/2024
Decision date
13 August 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No