Cases3303875/2025

Claimant v Total Home Delivery Limited

Outcome

Default judgment£28,800

Individual claims

Breach of Contractsucceeded

The claimant was entitled to 12 weeks' statutory notice pay. The respondent did not present a response to the claim and did not pay the claimant for their notice period. The tribunal determined the claim was well founded under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.

Redundancy Paysucceeded

The claimant's claim for a statutory redundancy payment was well founded under Employment Rights Act 1996 section 135. The respondent did not present a response. The tribunal calculated the redundancy payment in accordance with section 162 of the ERA 1996.

Facts

The claimant brought claims for breach of contract (notice pay) and statutory redundancy payment against Total Home Delivery Limited. The respondent did not present a response to the claim. The claimant was entitled to 12 weeks' statutory notice which was not paid. The claimant provided further information to the tribunal by correspondence to enable a determination.

Decision

The tribunal determined both claims in the claimant's favour under Rule 22, as the respondent failed to present a response. The tribunal awarded £7,800 net for notice pay and £21,000 for statutory redundancy payment, to be paid within 14 days.

Practical note

Where a respondent fails to enter a response, tribunals can make a default judgment on the papers awarding all sums properly claimed under Rule 22.

Award breakdown

Notice pay£7,800
Redundancy pay£21,000

Legal authorities cited

Statutes

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

Case details

Case number
3303875/2025
Decision date
9 December 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
logistics
Represented
No

Claimant representation

Represented
No