Cases3300007/2025

Claimant v Total Home Delivery Limited

Outcome

Default judgment£5,608

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the claim well founded under ERA 1996 s.13. The respondent failed to pay £1753.72 in wages owed to the claimant. The respondent did not present a response and judgment was entered by default under rule 22.

Holiday Paysucceeded

The tribunal found the claim for unpaid holiday pay well founded. The claimant was owed £1031.60 for holiday accrued but not taken or paid upon termination of employment. Default judgment was entered as the respondent did not respond.

Breach of Contractsucceeded

The tribunal found the claim for breach of contract (notice pay) well founded under the Employment Tribunals Extension of Jurisdiction Order 1994. The claimant was entitled to 3 weeks' statutory notice which was not paid. The respondent failed to respond to the claim.

Redundancy Paysucceeded

The tribunal found the claim for a redundancy payment well founded under ERA 1996 s.135. The respondent was ordered to pay a statutory redundancy payment of £1547.40 calculated in accordance with ERA 1996 s.162. Default judgment was entered.

Facts

Miss Chandler brought claims against Total Home Delivery Limited for unpaid wages, holiday pay, notice pay and redundancy pay. The respondent did not file a response to the claim. The claimant provided further information to the tribunal by correspondence, enabling a determination to be made on the papers under rule 22 of the Employment Tribunal Rules 2024.

Decision

The tribunal entered default judgment in favour of the claimant on all claims, finding them well founded. The respondent was ordered to pay £1753.72 unpaid wages, £1031.60 holiday pay, £1275 notice pay (net), and £1547.40 statutory redundancy payment, totalling £5607.72.

Practical note

Where an employer fails to respond to tribunal proceedings, a claimant can obtain default judgment under rule 22 for contractual and statutory employment debts including wages, holiday pay, notice pay and redundancy.

Award breakdown

Notice pay£1,275
Holiday pay£1,032
Redundancy pay£1,547
Unpaid wages£1,754

Legal authorities cited

Statutes

Employment Rights Act 1996 s.162Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994Employment Rights Act 1996 s.13Employment Tribunal Rules 2024 rule 22Employment Tribunal Rules 2024 rule 16Employment Rights Act 1996 s.135

Case details

Case number
3300007/2025
Decision date
9 December 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
logistics
Represented
No

Claimant representation

Represented
No