Cases3306172/2024

Claimant v Back to Back Care Ltd

8 October 2025Before Employment Judge Andrew Clarke KCWatfordremote video

Outcome

Claimant succeeds£6,989

Individual claims

Whistleblowingwithdrawn

The claim was withdrawn by the claimant at the hearing and subsequently dismissed by the tribunal on withdrawal.

Redundancy Paysucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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.

Unfair Dismissalsucceeded

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

Notice pay£1,845
Redundancy pay£2,100
Unpaid wages£3,044

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