Mr. John Cooper and v MKDJLW1 Limited ISSUED AT: London Central DEFAULT — 2025

The tribunal issued a default judgment under Rule 22 because the respondent failed to present an ET3 response and had no extension of time to respond. It found that all of the claimant's claims were presented in time and met the jurisdictional requirements. The judgment records that the claimant had 8 years' continuous service after a TUPE transfer in March 2024.

The tribunal found that the claimant resigned with immediate effect on 16 September 2024 and that the resignation amounted to a constructive dismissal in accordance with s136(1)(c) Employment Rights Act 1996 by reason of redundancy. It also ordered a redundancy payment of £5,144.00. In addition, it awarded £6,725.36 gross for unlawful deduction of wages under s13 Employment Rights Act 1996, £8,374.98 gross for 3 months' notice pay as damages for breach of contract, and £1,866.64 gross for 8 months' pension payments not paid into the pension scheme as a further breach of contract.

The tribunal further ordered £2,576.92 for failure to provide a section 1 statement of terms and conditions of employment, described as a breach of section 38 Employment Act 2002. It awarded £1,288.46 gross for 10 days' accrued but untaken annual leave under Regulation 14 of the Working Time Regulations 1998, and £190 for a guarantee payment under s28 Employment Rights Act 1996. It also awarded £6,802.01 for failure to provide pay statements under s8 Employment Rights Act 1996, described as an aggregate of unnotified deductions of wages, guarantee payment and annual leave for the 13 weeks before termination. The total payable was £32,968.37, with a direction that any tax due be accounted for to HMRC.