Claimant v J Line Hospitality t/a Lemongrass
Outcome
Individual claims
The Respondent did not respond to the claim or attend the hearing. The tribunal found the Claimant was automatically unfairly dismissed, the Respondent having not shown a potentially fair reason for her dismissal. This is a default judgment under Rule 21.
The Claimant was entitled to 4 weeks' notice of dismissal but was dismissed on 4 May 2023 without notice. The tribunal awarded damages for wrongful dismissal representing her notice period.
The Claimant was not paid her accrued but untaken annual leave. She last received holiday pay on 5 April 2023 and had worked 7 weeks beyond that date by the time of her dismissal, entitling her to 70% of one week's pay.
The Respondent failed to make payment of pension contributions to the Claimant's Nest workplace pension scheme for the period 15 September 2022 until 4 May 2023, despite deducting these amounts from her wages. The tribunal awarded damages for this 33-week period.
Facts
Mrs Boonpheng worked for J Line Hospitality t/a Lemongrass from 19 July 2019 until 4 May 2023, earning £502 gross per week. She was dismissed without notice and without being paid her accrued annual leave. The Respondent had also failed to pay over pension contributions deducted from her wages from September 2022 onwards. The Respondent did not file a response and did not attend the hearing. The Claimant found new part-time employment from 2 June 2023 earning £248 per week net.
Decision
The tribunal found in the Claimant's favour on all claims in a default judgment. The Respondent was ordered to pay £15,865.94 comprising unfair dismissal compensation (basic and compensatory awards), notice pay, holiday pay, pension loss, loss of statutory rights, and damages for unpaid pension contributions.
Practical note
Where a respondent fails to respond or engage with tribunal proceedings, the tribunal may enter a default judgment awarding compensation across multiple heads of claim including pension contributions that were deducted but not paid over to the scheme.
Award breakdown
Award equivalent: 31.6 weeks' gross pay
Case details
- Case number
- 2303616/2023
- Decision date
- 9 January 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
- Service
- 4 years
Claimant representation
- Represented
- No