Claimant v Fincap Operations Limited
Outcome
Individual claims
Default judgment entered under Rule 21 as respondent failed to present a response within the relevant time limit. Tribunal accepted claimant's claim for unauthorised deductions from wages without hearing evidence.
Default judgment entered under Rule 21 as respondent failed to present a response. Tribunal found claimant was dismissed in breach of contract in respect of notice and awarded notice pay of £923.07.
Default judgment entered under Rule 21 as respondent failed to present a response. Tribunal accepted that claimant was dismissed by reason of redundancy and awarded statutory redundancy payment.
Default judgment entered under Rule 21 as respondent failed to present a response. Tribunal found respondent failed to pay claimant's accrued holiday entitlement on termination.
Facts
Mr Boliya brought claims against his former employer Fincap Operations Limited for unauthorised deductions from wages, breach of contract (notice pay), redundancy payment, and unpaid holiday pay. The respondent failed to present a response within the time limit prescribed by the Employment Tribunal Rules.
Decision
Employment Judge Childe entered default judgment under Rule 21, awarding the claimant a total of £5,086.41 comprising unpaid wages (£1,200.23), notice pay (£923.07), statutory redundancy payment (£2,538.42), and accrued holiday pay (£424.69). All sums awarded were gross amounts.
Practical note
Where a respondent fails to file an ET3 response within the time limit, tribunals will enter default judgment under Rule 21, accepting the claimant's case on liability and quantum without requiring a full merits hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304417/2023
- Decision date
- 27 February 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- financial services
- Represented
- No
Claimant representation
- Represented
- No