Claimant v Sandersons Property Management Limited
Outcome
Individual claims
The respondent failed to present a valid response on time. The tribunal proceeded under Rule 21 and determined the unfair dismissal claim was well-founded based on available material.
The respondent unreasonably failed to provide a written statement of reasons for dismissal under section 92 ERA 1996 after the claimant requested one. The tribunal awarded two weeks' pay as damages.
Facts
Mrs Hogan was dismissed by Sandersons Property Management Limited on 16 June 2023. She received statutory redundancy pay and four weeks' payment in lieu of notice. The respondent failed to provide written reasons for dismissal when requested. The respondent failed to submit a response to the tribunal claim filed on 26 September 2023. Mrs Hogan found new employment in two periods following her dismissal.
Decision
The tribunal entered default judgment under Rule 21 in the claimant's favour, finding both the unfair dismissal claim and the claim for failure to provide written reasons well-founded. The tribunal awarded £12,033.09 comprising compensatory award for unfair dismissal of £11,438.93 (including £500 loss of statutory rights, reduced for notice pay received and mitigation earnings) and £594.16 for failure to provide written reasons.
Practical note
Default judgments under Rule 21 require tribunals to assess whether claims can properly be determined on available material, including proper calculation of compensatory awards accounting for payments already received and mitigation earnings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2305148/2023
- Decision date
- 5 February 2024
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- real estate
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister