Zaneta Suder v LV Silversprings Limited
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Employment and Discrimination / Judgment in Default
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the respondent withdrew its response form and the claims were no longer contested, the tribunal applied Article 12 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 and awarded judgment in default for the amounts claimed.
Court disposition
Judgment in default entered for the claimant.
Orders
- The respondent must pay the claimant compensation and damages in the total sum of £34,934.68.
- Payment to be made within 14 days of the date of the judgment.
- Damages for holiday pay and bank holiday pay to be paid gross.
- The claimant is responsible for any income tax and social security due.
02
Material facts
Parties
ZANETA SUDER
ClaimantLV SILVERSPRINGS LIMITED
RespondentAmounts and remedies
- Total Award: GBP 34,934.68
- Compensation for Unfair Dismissal: GBP 30,702.79
- Damages for Unpaid Bank Holiday Pay: GBP 1,426.23
- Damages for Unpaid Holiday Pay: GBP 2,805.66
- Settlement Offer Mentioned: GBP 34,943.68
03
Procedural history
Posture
Employment and Discrimination / Judgment in Default
04
Questions and positions
Legal issues
- 01
Whether the claim should be entered as a judgment in default after the respondent withdrew its response form.
- 02
Whether the claimant was entitled to compensation for unfair dismissal and damages for unpaid bank holiday pay and holiday pay.
Party arguments
- Applicant
- The claimant sought to amend the claim to include an uplift of 25% on unfair dismissal compensation and claims for bank holiday pay and holiday pay.
- Respondent
- The respondent initially filed a response denying the claim, offered settlement subject to amendments and a consent order, then withdrew its response form so the claims were no longer contested.
05
Court’s reasoning
Legal principles
- 01
Article 12 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016
If a claim is not contested, a claimant is entitled to judgment in default.
06
Ratio, limits and disposition
Ratio decidendi
Because the respondent withdrew its response form and the claims were no longer contested, the tribunal applied Article 12 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016 and awarded judgment in default for the amounts claimed.
Obiter and limits
- Payment was ordered within 14 days of the judgment.
- The damages for holiday pay and bank holiday pay were to be paid gross, with the claimant responsible for any income tax and social security due.
Court disposition
Judgment in default entered for the claimant.
- The respondent must pay the claimant compensation and damages in the total sum of £34,934.68.
- Payment to be made within 14 days of the date of the judgment.
- Damages for holiday pay and bank holiday pay to be paid gross.
- The claimant is responsible for any income tax and social security due.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
IN THE JERSEY EMPLOYMENT
AND DISCRIMINATION TRIBUNAL
BETWEEN
ZANETA SUDER
CLAIMANT
AND
LV SILVERSPRINGS LIMITED
RESPONDENT
JUDGMENT IN DEFAULT Reference: [2026] TRE077 Before: Advocate Dr E Moran, Chairman Decision The Respondent must pay the Claimant compensation and damages in the total sum of £34,934.68. Reasons 1. The Claimant was employed as a residential carer. Her employment started on 1 October 2013 and ended on 2 March 2026.
2. On 16 March 2026 the Claimant submitted a Claim Form alleging unfair dismissal. The Respondent 30, filed a Response Form denying the claim.
3. The Claimant requested permission to amend her Claim Form to seek an uplift of 25% on the compensation for unfair dismissal and to claim bank holiday pay and holiday pay.
4. The day before the first Case Management Meeting on 15 September 2026, the Respondent offered to settle the case for the full amount claimed if the amendments were allowed being £34,943.68 subject to signature of a consent order. The Claimant rejected the offer.
5. The Respondent did not attend the Case Management Meeting. The Claimant was given permission to amend her Claim Form.
6. On 18 September 2026 the Respondent withdrew its Response Form meaning that the claims are no longer contested.
7. If a claim is not contested, a Claimant is entitled to judgment in default under Article 12 of the Employment and Discrimination Tribunal (Procedure) (Jersey) Order 2016.
8. I therefore award the Claimant the sum of £34,943.68 made up of the following amounts: a. Compensation for unfair dismissal £30,702.79. b. Damages for unpaid bank holiday pay £1,426.23. c. Damages for unpaid holiday pay £2,805.66.
9. Payment should be made within 14 days of the date of this judgment. The damages for holiday pay and bank holiday pay should be paid gross. The Claimant is responsible for any income tax and social security due. Advocate Dr E Moran, Chairman Dated 25 September 2026
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