Claimant v Borne Digital Limited
Outcome
Individual claims
The tribunal found the respondent unlawfully failed to pay wages for the period 1 January to 26 February 2024 totalling £7,125.00. This was a default judgment under rule 21 as the respondent failed to file an ET3 response and did not contest the claim.
The tribunal awarded 2 months notice pay of £7,500.00, finding the respondent unlawfully failed to pay the claimant's contractual notice entitlement. The claim succeeded by default as the respondent did not defend.
The tribunal awarded £865.38 for 5 days of accrued but untaken holiday pay. The respondent's failure to respond meant the claimant's claim for unpaid holiday entitlement was accepted and succeeded.
Facts
The claimant was employed by Borne Digital Limited earning £3,750 per month with a 2-month notice period. The employment ended on 26 February 2024. The respondent failed to pay wages from 1 January to 26 February 2024, failed to pay notice pay, and failed to pay accrued but untaken holiday pay. The respondent did not file an ET3 response within the deadline and made no application for an extension of time.
Decision
Employment Judge Brown made a default judgment under rule 21 without a hearing, determining on the papers that the respondent unlawfully failed to pay £7,125.00 in wages, £7,500.00 in notice pay, and £865.38 in holiday pay. The total award was £15,490.38 with the respondent to account to HMRC for tax and NI.
Practical note
Where a respondent fails to file an ET3 response, the tribunal can make a default judgment on the papers awarding the full amounts claimed for unpaid wages, notice pay, and holiday pay without the need for a hearing.
Award breakdown
Award equivalent: 17.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2202095/2024
- Decision date
- 18 July 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No