Claimant v Stirling Care Home Ltd
Outcome
Individual claims
Default judgment entered under Rule 21 as respondent failed to present a response. Tribunal found respondent failed to pay claimant's holiday entitlement in breach of Working Time Regulations 1998 and made unauthorised deduction from wages.
Default judgment entered under Rule 21 as respondent failed to present a response. Tribunal found unauthorised deduction from wages in relation to unpaid holiday entitlement.
Respondent failed to provide statement of initial employment particulars. Award of two weeks' pay made under s38 Employment Act 2002. Tribunal found no grounds to award higher amount on just and equitable basis.
Facts
Miss McNee brought claims against Stirling Care Home Ltd for unpaid holiday pay and failure to provide written employment particulars. The respondent failed to present a response to the claim within the required time limits. The tribunal proceeded to determine the claim on the available material under Rule 21 of the Employment Tribunal Rules.
Decision
The tribunal issued a default judgment in favour of the claimant, awarding £1,543.50 for unpaid holiday pay and unauthorised deduction from wages, plus £1,647.62 (two weeks' pay) for failure to provide statement of initial employment particulars under s38 Employment Act 2002. The scheduled hearing was cancelled as judgment was entered on the papers.
Practical note
Employers who fail to respond to tribunal claims face default judgment on available material, and failure to provide written particulars triggers mandatory financial penalties under s38 Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4100520/2024
- Decision date
- 28 March 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No