Claimant v Total Home Delivery Limited
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from wages contrary to section 13 of the Employment Rights Act 1996. The respondent failed to present a response and the claimant provided sufficient information to establish the claim on the papers pursuant to rule 22.
The tribunal found that the respondent failed to pay for holiday accrued but untaken on termination, constituting an unauthorised deduction from wages. The respondent did not defend the claim and the claimant's evidence was accepted.
The claim for a statutory redundancy payment under section 135 of the Employment Rights Act 1996 was well founded. The respondent failed to respond and the claimant established entitlement to a redundancy payment calculated in accordance with section 162.
Facts
Stephen Smith brought claims against his former employer Total Home Delivery Limited for unpaid wages, unpaid holiday pay, and a statutory redundancy payment. The respondent did not present a response to the claim despite being served in accordance with tribunal rules. The claimant provided further information to support his claims.
Decision
The tribunal made a default judgment under rule 22 of the Employment Tribunal Rules 2024, finding all claims well founded. The respondent was ordered to pay £2,221.13 in unpaid wages, £3,849.98 in accrued but untaken holiday pay, and a statutory redundancy payment of £17,150.
Practical note
Where a respondent fails to defend a claim, a tribunal can make a rule 22 default judgment on the papers if the claimant provides sufficient information to establish the claim.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3307675/2025
- Decision date
- 9 December 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No