Cases2400851/2024

Claimant v 3RIO Group Limited

Outcome

Default judgment£3,115

Individual claims

Unlawful Deduction from Wagessucceeded

Default judgment entered under Rule 21 as respondent failed to present a valid response on time. Tribunal determined on the papers that unauthorised deductions from wages had been made.

Redundancy Paysucceeded

Default judgment entered under Rule 21. Tribunal accepted that claimant was dismissed by reason of redundancy and calculated entitlement as 1 week's pay for each complete year of service while aged 22-41, totalling 2 years of service.

Facts

Mr Oppong brought claims for unauthorised deductions from wages and redundancy pay against 3Rio Group Limited. The respondent failed to present a valid response to the claim within the required time limit. The claimant had completed 2 years of service and his weekly pay was £530.76. He was dismissed by reason of redundancy.

Decision

Regional Employment Judge Franey entered a default judgment under Rule 21 of the Employment Tribunals Rules of Procedure 2013, determining the claims on the papers without a hearing. The tribunal awarded £2,053.93 for unauthorised wage deductions and £1,061.52 redundancy pay (calculated as 1 week's pay for each complete year of service while aged 22-41), totalling £3,115.45.

Practical note

When a respondent fails to file a response, tribunals can enter default judgments under Rule 21, determining claims on the papers based on the claimant's evidence alone.

Award breakdown

Redundancy pay£1,062
Unpaid wages£2,054

Case details

Case number
2400851/2024
Decision date
31 July 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No