Automated Summary
Key Facts
The tribunal issued a default judgment in favor of three claimants (Miss A Slark, Miss A McGough, and Miss M C Lowden) against the second respondent (Dissolve) Leatherworks London Ltd. The respondent failed to file a response by 3 May 2019, leading to the judgment. Total payments due include £3,647.98 to Miss Slark, £4,087.12 to Miss Lowden, and £3,596.83 to Miss McGough, covering wages, holiday pay, sick leave, and bonuses.
Issues
The tribunal issued a default judgment under Rule 21 after the second respondent failed to present a response by the 3 May 2019 deadline. Since the claims were not defended, the judgment was granted in favor of the claimants for unpaid wages, holiday pay, sick leave, bonuses, and national insurance contributions.
Holdings
- The second respondent is ordered to pay Miss Aimee Slark a total of £3,647.98, including after-tax payments for 8 days worked (£585.31), 5 days in lieu of notice (£365.82), 2 days sick leave at full pay (£146.33), 4 days statutory sick pay (£73.64), a £300 bonus (£204), and employer/employee national insurance contributions (£1,215.64 and £1,057.24 respectively).
- The second respondent is ordered to pay Ms Mari Clare Lowden a total of £4,087.12, including after-tax payments for 9 days worked (£635), 9 days accrued holiday pay (£635), 7 days sick leave at full pay (£494), a £300 bonus (£204), and employer/employee national insurance contributions (£1,133.49 and £985.63 respectively).
- The second respondent is ordered to pay Ms Alexandra McGough a total of £3,596.83, including after-tax payments for 8 days worked (£564), 3.5 days accrued holiday plus 1 day unpaid holiday taken (£317.25), 4 days sick leave at full pay (£282), 6 days statutory sick pay (£110.46), a £300 bonus (£204), and employer/employee national insurance contributions (£1,133.49 and £985.63 respectively).
Remedies
- The respondent is to pay Miss Aimee Slark £365.82 for 5 days in lieu of notice after tax and national insurance.
- The respondent is to pay Miss Aimee Slark £585.31 for 8 days worked in May 2018 after tax and national insurance.
- The respondent is to pay Ms Alexandra McGough £317.25 for 3.5 days of accrued but unused holiday plus 1 day of holiday taken but not paid.
- The respondent is to pay Ms Alexandra McGough £564 for 8 days worked in May 2018 after tax and national insurance.
- The respondent is to pay £1,133.49 in employer national insurance contributions to HMRC for Ms Mari Clare Lowden's claim.
- The respondent is to pay Miss Aimee Slark £73.64 for 4 days of statutory sick pay.
- The respondent is to pay Ms Mari Clare Lowden £635 for 9 days of accrued holiday pay after tax and national insurance.
- The respondent is to pay Ms Mari Clare Lowden £635 for 9 days worked in May 2018 after tax and national insurance.
- The respondent is to pay £1,133.49 in employer national insurance contributions to HMRC for Ms Alexandra McGough's claim.
- The respondent is to pay Miss Aimee Slark £146.33 for 2 days of sick leave within the contractual amount at full pay after tax and national insurance.
- The respondent is to pay Ms Mari Clare Lowden £204 for a £300 bonus after tax and national insurance.
- The respondent is to pay Miss Aimee Slark £204 for a £300 bonus after tax and national insurance.
- The respondent is to pay Ms Alexandra McGough £282 for 4 days of sick leave within the contractual amount at full pay after tax and national insurance.
- The respondent is to pay Ms Mari Clare Lowden £494 for 7 days of sick leave after tax and national insurance.
- The respondent is to pay Ms Alexandra McGough £110.46 for 6 days of statutory sick pay.
- The respondent is to pay £985.63 in employee national insurance contributions to HMRC for Ms Alexandra McGough's claim.
- The respondent is to pay £985.63 in employee national insurance contributions to HMRC for Ms Mari Clare Lowden's claim.
- The respondent is to pay £1,215.64 in employer national insurance contributions to HMRC for Miss Aimee Slark's claim.
- The respondent is to pay Ms Alexandra McGough £204 for a £300 bonus after tax and national insurance.
- The respondent is to pay £1,057.24 in employee national insurance contributions to HMRC for Miss Aimee Slark's claim.
Legal Principles
The tribunal applied Rule 21 of the procedural rules, granting default judgment against the respondent for failing to file a response within the required timeframe (5 April 2019 service, 3 May 2019 deadline). This procedural rule allows judgments to be entered when a party does not contest claims, resulting in the claimants receiving specified financial awards.
Judge Name
Byrne
Passage Text
- Total due from the second respondent to Ms Mari Clare Lowden: £4,087.12
- Total due from the second respondent to Miss Aimee Slark: £3,647.98
- These proceedings having been served on the second respondent by letter dated 5 April 2019 and the second respondent having failed to present a response to the Tribunal by 3 May 2019 in accordance with the provisions of Rule 21 the claims not being defended I give judgment in favour of the claimants as follows.