462 Default judgment Scotland EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107510/2023 SG Pro Cleaning Ltd v Represented by: Mr H Singh Litigation Executive ACF Cleaning Ltd — 2024

This was a Rule 21 default judgment in a claim under the Transfer of Undertakings (Protection of Employment) Regulations 2006. The claimant was the transferee and the respondent the transferor in connection with a relevant transfer. The tribunal found that no response had been presented timeously and issued judgment on the available material.

The tribunal declared that the respondent had breached Regulation 11 by not fully providing the employee liability information required. It treated the claim as undefended and made the declaration under the Regulations.

On remedy, the claimant had lodged a Schedule of Loss seeking £1,000, but the tribunal noted that it did not quantify the amount by reference to hours or a chargeable rate and provided no supporting documentation. The tribunal found that the work said to have been done in defending another claim would have been required regardless of the ELI breach, and that no loss attributable to the breach had been set out.

Applying Regulation 12(4), the tribunal concluded that there was no loss adequately shown to justify any compensation award. It noted that if the claimant considered it had incurred loss attributable to the breach, it could seek reconsideration under Rule 71 with an amended Schedule of Loss and supporting documents.