Cases3303837/2025

Claimant v Total Home Delivery Limited

Outcome

Claimant succeeds£24,308

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Holiday Paysucceeded

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.

Breach of Contractsucceeded

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.

Redundancy Paysucceeded

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

Notice pay£4,858
Holiday pay£3,750
Redundancy pay£7,700
Unpaid wages£8,000

Legal authorities cited

Statutes

Employment Rights Act 1996 s.13Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994Employment Rights Act 1996 s.135Employment Rights Act 1996 s.162

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