Default judgment against Zobra Limited for unpaid wages, notice and holiday pay
A former employee won £1,819 after Zobra Limited failed to respond to claims of unauthorised wage deductions, breach of contract and unpaid holiday. Claims for unfair dismissal and redundancy were struck out due to insufficient service.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The respondent failed to present a valid response to the claim on time.
- The claimant was employed for less than two years.
- The respondent made an unauthorised deduction from the claimant's wages of £1,070.00.
- The claimant was dismissed in breach of contract regarding notice, awarded £535.00.
- The respondent failed to pay the claimant's holiday entitlement, awarded £214.00.
- The complaints of unfair dismissal and redundancy payment were struck out due to insufficient service.
Timeline
-
Judgment on unauthorised deductions, breach of contract, holiday pay
Employment Judge Batten issued a default judgment ordering Zobra Limited to pay £1,070.00 for unauthorised deductions, £535.00 for breach of contract (notice), and £214.00 for holiday pay.
-
Judgment sent to parties
The judgment was sent to the parties on this date.
-
Strike out judgment for unfair dismissal and redundancy
Employment Judge Leach struck out the complaints of unfair dismissal and redundancy payment because the claimant had less than two years' service.
-
Strike out judgment sent to parties
The strike out judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal and redundancy could proceed given his service length, and whether the respondent's failure to respond justified a default judgment on the remaining claims.
The outcome
The tribunal decided in favour of the former employee on three claims but struck out two others.
- The respondent failed to present a valid response, so a default judgment was entered for unauthorised deductions, breach of contract (notice), and holiday pay.
- The complaints of unfair dismissal and redundancy payment were struck out because the claimant had less than two years' service.
- Compensation awarded:
- Unauthorised deductions: £1,070.00
- Breach of contract (notice): £535.00
- Holiday pay: £214.00
- Total: £1,819.00
Lessons & takeaways
- If your employer fails to respond to a tribunal claim, you may get a default judgment without a full hearing.
- Claims for unfair dismissal and statutory redundancy require at least two years' continuous service.
- Keep records of unpaid wages, notice pay, and holiday entitlement to support your claim.
- A default judgment can be enforced like any other tribunal award, including interest at 8% per annum if not paid within 14 days.
This case shows how a default judgment can work in an employee's favour when an employer simply fails to engage with the tribunal process. The former employee brought claims for unauthorised deductions, breach of contract (notice), and unpaid holiday pay. Zobra Limited did not present a valid response on time, so the tribunal was able to decide those claims without a hearing.
What the tribunal decided
The tribunal ordered Zobra Limited to pay a total of £1,819: £1,070 for unauthorised wage deductions, £535 for breach of contract (notice pay), and £214 for holiday pay. Interest starts accruing at 8% per annum if the sum is not paid within 14 days of the judgment being sent.
However, two other claims – unfair dismissal and a statutory redundancy payment – were struck out. The reason was straightforward: the claimant had been employed for less than two years, which is the minimum service required to bring such claims under the Employment Rights Act 1996.
What the losing side could have done differently
Zobra Limited could have avoided the default judgment entirely by submitting a valid response on time. Even if they had a defence, failing to respond meant the tribunal decided the claims based solely on the claimant's evidence. Employers who ignore tribunal proceedings risk having a judgment entered against them without the chance to contest the facts.
Why this matters for similar claims
This case highlights two important points. First, a default judgment can be a powerful tool for claimants when the employer does not cooperate. Second, the two-year service requirement is a strict barrier to unfair dismissal and redundancy claims – no matter how strong the underlying facts. Anyone considering a tribunal claim should check their service length first, and ensure they have clear evidence of any deductions or unpaid entitlements.
Similar cases
Unfair dismissal claim struck out due to insufficient service: lessons on the two-year qualifying period
A former employee's unfair dismissal claim was struck out because they had worked for less than two years. Their breach of contract claim also failed, but they were entitled to £90.28 holiday pay.
Less than two years' service: unfair dismissal claim struck out, but notice and holiday pay awarded
A former employee who was dismissed without notice after less than two years' service had their unfair dismissal claim struck out, but won £1,514 for notice and holiday pay.
Pregnant employee wins £10,282 after employer fails to defend claims
A former employee has been awarded £10,282 after her employer, Heavenly Body Ltd, failed to attend hearings or respond to claims of unfair dismissal and pregnancy discrimination.
Unfair dismissal claim struck out due to less than two years' service
A former employee's unfair dismissal claim was struck out because they had worked for the respondent for less than two years. The tribunal also dealt with a default judgment for unauthorised deductions, which was later revoked.