Automated Summary
Key Facts
The respondent, Enabledware Limited, failed to submit a response to the claim within the required 28-day period, resulting in their exclusion from the hearing. The claimant, Mr. Bradley Smith, succeeded in his claims for unlawful deduction of wages and breach of contract. The tribunal ordered the respondent to pay £2333.33 gross to the claimant for non-payment of one month's wages from 1 January 2024 to 31 January 2024.
Transaction Type
Employment contract dispute regarding non-payment of wages and breach of contract terms.
Issues
- The tribunal determined whether the respondent's failure to submit a response within 28 days (by 29 March 2024) justified dismissing their application to postpone the hearing and excluding them from participation.
- The tribunal assessed the claimant's allegations of unlawful deduction of wages and breach of contract for non-payment of one month's wages (1 January 2024 to 31 January 2024).
Holdings
- The respondent failed to submit a response to the claim within 28 days by 29 March 2024, resulting in their exclusion from the hearing. The application to postpone the hearing was dismissed due to the respondent's non-compliance with the deadline.
- The claimant's claims for unlawful deduction of wages and breach of contract regarding non-payment of one month's wages (1 January 2024 to 31 January 2024) were successful. The respondent is ordered to pay £2333.33 gross to the claimant.
Remedies
- The respondent failed to submit a response to the claim by 29 March 2024, resulting in their dismissal and the dismissal of the application to postpone the hearing.
- The claimant's claims for unlawful deduction of wages and breach of contract in relation to non-payment of 1 month's wages (1 January 2024 to 31 January 2024) succeed; the respondent is ordered to pay £2333.33 gross.
Monetary Damages
2333.33
Legal Principles
- The tribunal applied the principle that failure to submit a response within 28 days of the claim (by 29 March 2024) results in the respondent being deemed out of time and excluded from the hearing. This procedural rule under employment tribunal regulations was central to dismissing the respondent's application to postpone the hearing.
- The tribunal determined that claims for unlawful deduction of wages and breach of contract related to non-payment of one month's wages (1 January 2024 to 31 January 2024) were well-founded. The respondent was ordered to pay £2333.33 gross, reflecting the successful application of employment law principles regarding wage entitlements and contractual obligations.
Judge Name
Employment Judge Hart
Passage Text
- The claimant's claims for unlawful deduction of wages and breach of contract in relation to non-payment of 1 month's wages for the period 1 January 2024 to 31 January 2024 are well founded and succeed. The respondent is ordered to pay the claimant the sum of £2333.33 gross.
- The respondent had failed to submit a response to the claimant's claim within 28 days ie by the 29 March 2024; it was therefore out of time. Accordingly, the respondent was not permitted to participate in this hearing and the application to postpone this hearing was dismissed.
Damages / Relief Type
Monetary damages for unlawful deduction of wages and breach of contract: £2333.33 gross.