Mr G Christopher v Gracious Luxury Sales & Interiors Ltd (England and Wales : Breach of Contract : Unlawful Deduction from Wages) -[2017] UKET 1301713/2017- (25 September 2017)

BAILII

Automated Summary

Key Facts

The respondent, Mr G Christopher and Gracious Luxury Sales & Interiors Limited, failed to file a response to the Employment Tribunal and did not provide reasons for non-response. Consequently, the claimant's claims for unpaid wages and expenses, unpaid holiday pay, and breach of contract (notice pay) were granted in default judgment. The claimant must now quantify the claims within 14 days.

Issues

  • The claimant successfully claimed breach of contract regarding notice pay, as the respondent failed to file a response.
  • The claimant successfully claimed unpaid wages and expenses due to the respondent's failure to file a response.
  • The claimant successfully claimed unpaid holiday pay as the respondent failed to respond to the tribunal.

Holdings

The tribunal granted the claimant's claims for unpaid wages and expenses, unpaid holiday pay, and breach of contract (notice pay) after the respondent failed to file a response or provide reasons for the failure.

Remedies

  • The claimant was awarded notice pay as part of a breach of contract claim.
  • The claimant was awarded for unpaid holiday pay.
  • The claimant was awarded for unpaid wages and expenses.

Legal Principles

The tribunal granted default judgment due to the respondent's failure to file a response or engage with tribunal correspondence, applying the procedural principle that non-response results in automatic success for the claimant's claims.

Judge Name

Broughton

Passage Text

  • Accordingly, the claimant's claims for unpaid wages and expenses, unpaid holiday pay and breach of contract (notice pay) succeed.
  • The claimant is required to quantify his claims within 14 days.
  • The respondent had failed to file a response and had failed to respond to tribunal correspondence or evidence any alleged reasons for such failure.