Claimant v Smart Parking Ltd
Outcome
Individual claims
The respondent presented a response indicating they did not defend the claim. Under rule 21, the tribunal entered default judgment for breach of contract. The claimant was summarily dismissed without notice pay on 25 May 2023 and was entitled to one week's notice pay under s.88 ERA 1996.
Facts
The claimant was summarily dismissed by Smart Parking Ltd on 25 May 2023 without payment of notice. The respondent presented a response on time but indicated they did not defend the claim. The tribunal determined the matter on the papers under rule 21. The claimant was entitled to one week's statutory notice.
Decision
Employment Judge Brain entered default judgment under rule 21 awarding the claimant £563.68 representing one week's gross pay (£673.08) less statutory sick pay already received (£109.40), being the claimant's entitlement to notice pay under s.88 ERA 1996.
Practical note
Where a respondent submits a response on time but explicitly states they do not defend the claim, a tribunal can properly enter a rule 21 default judgment on the papers without a hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1807632/2023
- Decision date
- 7 February 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- transport
- Represented
- No
Employment details
Claimant representation
- Represented
- No