Claimant v Back to Back Care Ltd
Outcome
Individual claims
The claim was withdrawn by the claimant at the hearing and subsequently dismissed by the tribunal on withdrawal.
The tribunal found the claim for redundancy payment to be well-founded. The respondent failed to appear and the claimant established her entitlement to statutory redundancy pay.
The tribunal found the claim for unlawful deductions from wages to be well-founded. The claimant successfully proved that wages had been unlawfully withheld by the respondent.
The tribunal upheld the breach of contract claim for failure to pay notice pay. The respondent had failed to pay the claimant her contractual entitlement to notice pay on termination of employment.
The claim for unfair dismissal was found to be well-founded. However, no separate award of compensation was made, likely because the claimant had already been compensated through the other awards for redundancy payment and notice pay.
Facts
Miss Fairweather brought claims against her former employer Back to Back Care Ltd for whistleblowing, redundancy payment, unlawful deductions from wages, notice pay, and unfair dismissal. The respondent requested a postponement which was refused, and failed to appear at the hearing. The claimant appeared in person and withdrew her whistleblowing claim during the hearing.
Decision
The tribunal found in favour of the claimant on all her substantive claims. She was awarded £2,100 redundancy payment, £3,044.43 for unlawful deductions, and £1,844.80 notice pay, totaling £6,989.23. Although the unfair dismissal claim succeeded, no separate compensation was awarded.
Practical note
A respondent's failure to participate in proceedings can result in a default judgment where the tribunal accepts the claimant's uncontested evidence and awards compensation across multiple successful claims.
Award breakdown
Case details
- Case number
- 3306172/2024
- Decision date
- 8 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No