Miss J Stockton v Little Frogs Day Nursery and Pre School Limited — 2021

The case was determined under Rule 21 because the respondent did not present a valid response within the prescribed time limit. On that basis, Employment Judge Holmes entered judgment for the claimant on the paper record and did not record any contested liability findings beyond the claims set out in the judgment.

The tribunal held that Little Frogs Day Nursery and Pre School Limited had made an unauthorised deduction from wages and ordered payment of £534.60 gross. It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £1,069.20 gross in damages. In addition, the tribunal found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £801.90.

The tribunal further held that the respondent had failed to pay the claimant’s holiday entitlement and ordered payment of £1,315.11 gross. The judgment directed that the gross sums under the wages, notice pay, and holiday pay awards were subject to any required deductions for tax and national insurance, which the respondent was to account for to HMRC. A separate interest notice accompanied the judgment, stating that statutory interest may apply if sums remain unpaid after 14 days, but no quantified interest figure was set out in the judgment itself.