Claimant v Total Home Delivery Limited
Outcome
Individual claims
The tribunal found the claim for unauthorised deductions from wages under section 13 of the Employment Rights Act 1996 to be well founded. The respondent failed to pay the claimant wages of £2,947.80 that were properly due.
The tribunal found the claim for unpaid holiday pay well founded under section 13 of the Employment Rights Act 1996. The respondent owed the claimant £1,734 for accrued but untaken holiday at the termination of employment.
The tribunal found the claim for breach of contract well founded. The claimant's statutory notice period was 3 weeks and the respondent failed to pay for this notice period. The award was calculated net of tax and reduced by £150 for earnings in mitigation.
The tribunal found the claim for a redundancy payment under section 135 of the Employment Rights Act 1996 well founded. The respondent was ordered to pay £1,750 calculated in accordance with section 162 of the Act.
Facts
Mr Day brought claims against Total Home Delivery Limited for unpaid wages, holiday pay, notice pay and redundancy payment. The respondent did not present a response to the claim form which was sent in accordance with rule 16. 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 four claims well founded and awarded the claimant: £2,947.80 for unpaid wages; £1,734 for holiday pay; £1,935 net for notice pay (after deducting £150 earnings in mitigation); and £1,750 redundancy payment calculated under s.162 ERA 1996. The total award was £8,366.80.
Practical note
Where a respondent fails to file a response, a tribunal may make a default judgment under rule 22 on the papers based on further information provided by the claimant, awarding all properly founded claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300006/2025
- Decision date
- 9 December 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Employment details
Claimant representation
- Represented
- No