Cases3307671/2025

Claimant v Total Home Delivery Limited

Outcome

Claimant succeeds£7,379

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the claim for unauthorised deductions from wages under ERA 1996 s.13 well founded. The respondent failed to pay £686.40 in unpaid wages. The respondent did not present a response and the determination was made under rule 22 on the papers.

Holiday Paysucceeded

The tribunal found the claim for holiday accrued but untaken and not paid on termination well founded. The respondent owed £686.40 for accrued but unpaid holiday. The respondent did not present a response and the determination was made under rule 22 on the papers.

Redundancy Paysucceeded

The tribunal found the claim for a redundancy payment under ERA 1996 s.135 well founded. A statutory redundancy payment of £6006 was awarded, calculated in accordance with ERA 1996 s.162. The respondent did not present a response and the determination was made under rule 22 on the papers.

Facts

Andrew McLean brought claims against Total Home Delivery Limited for unpaid wages, holiday pay, and redundancy payment following the termination of his employment. The respondent failed to present a response to the claim. The claimant provided further information by correspondence, and the tribunal made a determination on the papers under rule 22 of the Employment Tribunal Rules 2024.

Decision

The tribunal found all claims well founded and awarded the claimant £686.40 for unpaid wages, £686.40 for accrued but unpaid holiday pay, and £6006 in statutory redundancy pay. The total award was £7378.80. The respondent was ordered to pay within 14 days.

Practical note

Where a respondent fails to file a response, the tribunal can determine claims on the papers under rule 22, awarding statutory payments including redundancy where the claims are well founded.

Award breakdown

Holiday pay£686
Redundancy pay£6,006
Unpaid wages£686

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.135ERA 1996 s.162

Case details

Case number
3307671/2025
Decision date
9 December 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
logistics
Represented
No

Claimant representation

Represented
No