Claimant v First Endeavour LLP
Outcome
Individual claims
This is a Rule 21 default judgment. The respondent failed to present a response to the claim. The tribunal accepted the claimant's evidence that the respondent unlawfully withheld wages totalling £1,790.54 and issued judgment in the claimant's favour on the available material.
The respondent failed to defend the claim. The tribunal accepted the claimant's evidence that holiday entitlement remained unpaid and awarded £501.60, calculated on the basis of accrued but untaken holiday at the claimant's weekly pay rate.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. With no response from the respondent, the tribunal awarded damages for 1 week's notice pay of £702.00, calculated on the basis of 39 hours at £18 per hour.
Facts
Mr Steele brought claims against First Endeavour LLP for unpaid wages, holiday pay, and notice pay. The respondent failed to present any response to the claim. Based on the available material provided by the claimant, the tribunal determined that Mr Steele was owed £1,790.54 in withheld wages, £501.60 in unpaid holiday entitlement, and £702.00 for one week's notice pay following dismissal in breach of contract. His weekly pay was £702 based on 39 hours at £18 per hour.
Decision
Under Rule 21 of the Employment Tribunal Rules of Procedure 2013, Employment Judge Hendry issued a default judgment in favour of the claimant on all claims. The respondent was ordered to pay a total of £2,994.14 comprising unpaid wages, holiday pay, and notice pay. The scheduled hearing was cancelled as judgment was issued on the papers.
Practical note
Failing to respond to a tribunal claim will result in a default judgment being issued against the respondent based on the claimant's unchallenged evidence, with no opportunity to defend the claims.
Award breakdown
Case details
- Case number
- 4100128/2024
- Decision date
- 28 March 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No