Cases3311815/2024

Claimant v Total Home Delivery Limited

Outcome

Default judgment£7,783

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent did not present a response to the claim. The tribunal determined under Rule 22 that the claim for unauthorised deductions from wages under ERA 1996 section 13 was well founded based on information provided by the claimant.

Breach of Contractsucceeded

The respondent did not present a response. The tribunal found the claim for breach of contract for notice pay was well founded. The claimant's statutory notice period was six weeks and the claimant was not paid for their notice period.

Redundancy Paysucceeded

The respondent did not present a response. The tribunal determined under Rule 22 that the claim for a redundancy payment under ERA 1996 section 135 was well founded, calculated in accordance with ERA 1996 section 162.

Facts

The claimant was employed by Total Home Delivery Limited and was entitled to a six-week statutory notice period. The employment ended by reason of redundancy. The respondent failed to pay the claimant wages owed, notice pay, and redundancy pay. The respondent did not present a response to the tribunal claim.

Decision

The tribunal issued a Rule 22 default judgment in favour of the claimant after the respondent failed to present a response. The tribunal found all three claims well founded and ordered payment of unpaid wages (£1,411.49), notice pay (£2,842.50), and redundancy pay (£3,528.72).

Practical note

Where a respondent fails to present a response, a tribunal can issue a Rule 22 default judgment based on written information from the claimant, awarding all well-founded claims without a hearing.

Award breakdown

Notice pay£2,843
Redundancy pay£3,529
Unpaid wages£1,411

Legal authorities cited

Statutes

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

Case details

Case number
3311815/2024
Decision date
9 December 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
logistics
Represented
No

Claimant representation

Represented
No