Claimant v Mr Pete Currey t/a PLJS Hospitality
Outcome
Individual claims
The respondent failed to present a valid response on time. Under Rule 21, the tribunal entered default judgment in favour of the claimant. The tribunal found the respondent made unauthorised deductions from wages totalling £2,394.00 gross.
The claim for redundancy payment was dismissed because the claimant did not have the qualifying period of two years of continuous service as required by section 155 Employment Rights Act 1996.
The claim for two months' rent was dismissed. The tribunal did not provide specific reasoning but this claim appears to fall outside the tribunal's jurisdiction.
Facts
The claimant worked for the respondent, a hospitality business operated as a sole trader. The respondent failed to present a response to the claim within the prescribed time limit. The claimant claimed unauthorised deductions from wages totalling £2,394.00, a redundancy payment, and two months' rent. The claimant had less than two years' continuous service.
Decision
The tribunal entered default judgment under Rule 21 in favour of the claimant for unlawful deductions from wages of £2,394.00 gross. The redundancy pay claim was dismissed due to insufficient qualifying service (less than two years). The claim for two months' rent was also dismissed.
Practical note
Rule 21 default judgments are entered when respondents fail to respond, but claims still require the claimant to meet statutory qualifying conditions such as the two-year service requirement for redundancy pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2602414/2023
- Decision date
- 16 January 2024
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No