Miss R Whitney v Little Frogs Day Nursery and Pre School Limited — 2021

The tribunal entered judgment under Rule 21 because the time for presenting a response had expired and no valid response had been presented by the respondent. It therefore determined the claim on the papers without a contested hearing.

Miss R Whitney succeeded on four heads of claim. The tribunal found that the respondent had made an unauthorised deduction from wages and ordered payment of £342.00. It also found that she had been dismissed in breach of contract in respect of notice and awarded damages of £1,368.00.

The tribunal further found that the claimant had been dismissed by reason of redundancy and was entitled to a redundancy payment of £342.00. It also held that the respondent had failed to pay holiday entitlement and ordered payment of £1,427.88.

The judgment stated that the sums at paragraphs 1, 2 and 4 were gross sums subject to any appropriate deductions for tax and national insurance, which the respondent was required to account for to HMRC. A separate notice explained the tribunal interest regime, recording the relevant judgment day as 5 November 2021, the calculation day as 6 November 2021, and the stipulated rate of interest as 8% if the award remained unpaid after 14 days.