Mr S Brady v Providence Bay Restaurants limited — 2024

This was a Rule 21 judgment issued by Employment Judge Corrigan after no response was received from the respondent within the time allowed. The judge noted that the company name and address originally provided did not match any entry on Companies House, but that the ACAS certificate identified Providence Bay Restaurants Limited, which is registered and shown as being in creditors voluntary liquidation since 12 September 2024. The judge substituted that company as the respondent and amended the title of proceedings accordingly, with future correspondence to be copied to its current registered address.

The judge acknowledged a risk that the respondent had not received the claim but considered it possible the claim was not disputed, and proceeded to issue the Rule 21 judgment so that the claimant could pursue a claim from the Redundancy Payments Unit/National Insurance Fund. Either party may apply for reconsideration with an explanation.

On the merits, the tribunal found the claimant entitled to accrued holiday pay for his period of employment from 1 May 2023 to 16 December 2023. The award was £2,025, calculated as 18 rounded-up accrued days at £112.50 per day (9 hours at £12.50 per hour), subject to the appropriate deductions for tax and National Insurance.