Claimant v Ingredients, Supplements and Methods Ltd
Outcome
Individual claims
The respondent failed to file an ET3 and defend the claim. The tribunal accepted the claimant's evidence that he was owed wages for the period 1 January to 5 March 2024. Under rule 21, a default judgment was entered in the claimant's favour.
The respondent failed to defend the claim for notice pay. The tribunal accepted the claimant's evidence that he was entitled to three months' notice at £9,000 per month gross. Default judgment was entered for the full notice pay claim.
The respondent failed to defend the claim for accrued holiday pay. The tribunal accepted that the claimant was owed 4.5 days holiday pay based on an entitlement of 26 days plus bank holidays per year. Default judgment was entered for the holiday pay claim.
Facts
The claimant was employed by the respondent earning £9,000 gross per month. Between 1 January and 5 March 2024, the respondent failed to pay the claimant his wages. Upon termination on 5 March 2024, the respondent also failed to pay three months' notice pay and accrued holiday pay of 4.5 days. The respondent failed to file an ET3 or otherwise defend the claim.
Decision
Employment Judge Burns made a determination on the papers under rule 21 as the respondent had failed to file an ET3. The tribunal found that the respondent had unlawfully failed to pay wages, notice pay, and holiday pay. The respondent was ordered to pay £48,106.84 gross to the claimant, subject to appropriate tax and national insurance deductions.
Practical note
Where a respondent fails to file an ET3, a tribunal can make a default judgment on the papers without a hearing if satisfied that the claim can properly be determined based on the ET1 and supporting documents alone.
Award breakdown
Award equivalent: 23.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2218522/2024
- Decision date
- 3 July 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Salary band
- £100,000+
Claimant representation
- Represented
- No