Mr James Wilson v The New Ellwyn Ltd — 2020

The claimant's unfair dismissal complaint had already been dismissed in October 2019 because he did not have two years' continuous service, and that issue was not before the tribunal in this judgment. The remaining case concerned the claimant's complaints for breach of contract, unpaid holiday entitlement, and arrears of pay / unlawful deduction from wages. The claimant told the tribunal that he had received £1,000 from the respondents on 2 April 2019 and that the balance of £1,980.70 remained unpaid.

The respondents did not attend the 30 March 2020 preliminary hearing and did not comply with the Unless Order issued afterwards requiring them to state whether they disputed the sum claimed. Their response was therefore struck out under Rule 38(1) of the Employment Tribunals Rules of Procedure 2013. The tribunal then proceeded under Rule 21 on the available material, including the claimant's further information and letter quantifying the claim.

On that material, the tribunal held that the claim succeeded. It found that the respondents had made an unauthorised deduction from wages, failed to pay holiday entitlement, and failed to pay notice pay. Judgment was entered for the claimant in the sum of £1,980.70. The tribunal also directed that a copy of the judgment be sent to the Registrar of Companies because the respondent company was subject to an active strike-off proposal.