Mr C Meakin v STR 48 Limited (in voluntary liquidation) — 2024

The case was determined on the papers under Rule 21 of the Employment Tribunal Rules of Procedure 2013, following the respondent's failure to present a response in time. The ET3 should have been filed by 15 May 2023 but was not filed until 24 May 2023, and no application was made to extend time. The Employment Judge rejected the late response on the basis that no grounds were offered to justify extending time.

The Employment Judge found that the claim form described a narrative which would fix liability on the respondent, and that the claim was quantified in a manner justified by that narrative. The judge considered it proportionate to enter judgment without a hearing rather than convene a hearing at which the claimant would merely confirm his evidence and achieve the same result.

The tribunal upheld the claims for unlawful deduction from wages, accrued but untaken and unpaid holiday, and contractual pension contribution, ordering the respondent to pay £1,836.16 in wages, £923.08 in holiday pay and £55.38 in pension contribution, totalling £2,824.62. The claimant was noted as needing to account to HMRC for tax due on the sum.