Cases8000318/2024

Claimant v First Endeavour LLP

15 May 2024Before Employment Judge I McFatridgeScotlandon papers

Outcome

Default judgment£3,508

Individual claims

Unlawful Deduction from Wagessucceeded

Default judgment entered under rule 21 as the respondent failed to present a response. The tribunal accepted the claimant's evidence that wages totalling £2,183.56 net had been unlawfully withheld by the respondent.

Breach of Contractsucceeded

Default judgment entered under rule 21 as the respondent failed to present a response. The tribunal found the respondent breached contract by failing to pay employer and employee pension contributions totalling £1,324.83 for the period September 2023 to December 2023.

Facts

Mr Cameron brought claims for unpaid wages and unpaid pension contributions against his former employer, First Endeavour LLP. The respondent failed to file a response to the claim. The unpaid wages claim related to a net sum of £2,183.56, while the pension contributions claim covered both employer and employee contributions totalling £1,324.83 for the period September 2023 to December 2023.

Decision

Employment Judge McFatridge issued a default judgment under rule 21 of the Employment Tribunal Rules, awarding the claimant the full amounts claimed: £2,183.56 for unlawfully withheld wages and £1,324.83 for unpaid pension contributions. The scheduled hearing was cancelled as no response had been received from the respondent.

Practical note

Where an employer fails to respond to a claim, tribunals will enter default judgment under rule 21 based on the available material, awarding compensation for unpaid wages and contractual pension contributions without requiring a full hearing.

Award breakdown

Unpaid wages£2,184
Pension loss£1,325

Case details

Case number
8000318/2024
Decision date
15 May 2024
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No