Claimant v Total Home Delivery Limited
Outcome
Individual claims
The tribunal found the claim for unauthorised deductions from wages under section 13 ERA 1996 well founded. The respondent made a series of deductions from wages, the last being on 17 September 2024, totalling £8,000 unpaid.
The tribunal found the claim for holiday pay well founded. The claimant had accrued holiday entitlement that remained outstanding and unpaid on termination of employment, totalling £3,750.
The tribunal found the claim for breach of contract for notice pay well founded under the Extension of Jurisdiction Order 1994. The claimant was entitled to nine weeks' statutory notice but was not paid for this notice period, though the award was reduced by mitigation earnings.
The tribunal found the claim for a redundancy payment under section 135 ERA 1996 well founded. The claimant was entitled to a statutory redundancy payment calculated in accordance with section 162 ERA 1996.
Facts
The claimant was employed by the respondent until 17 September 2024. The respondent made a series of unauthorised deductions from wages totalling £8,000, failed to pay accrued holiday pay of £3,750, did not pay the claimant's nine-week statutory notice entitlement, and failed to pay statutory redundancy. The respondent did not present a response to the claim.
Decision
The tribunal granted a Rule 22 default judgment in favour of the claimant on all claims, awarding unpaid wages (£8,000), holiday pay (£3,750), notice pay (£4,858.02 net after mitigation), and statutory redundancy payment (£7,700), totalling £24,308.02.
Practical note
Where a respondent fails to engage with tribunal proceedings, a claimant can obtain a Rule 22 default judgment on properly particularised claims, with mitigation principles still applying to notice pay awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3303837/2025
- Decision date
- 9 December 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No