Claimant v New Pro Foundries Limited
Outcome
Individual claims
The tribunal determined under section 163 Employment Rights Act 1996 that the first claimant was entitled to a redundancy payment. The respondent did not attend to contest the claim.
The tribunal found the complaint well-founded. The respondent made an unauthorised deduction from wages by failing to pay for 14 days of holidays accrued but not taken on the date employment ended.
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to provide or pay in lieu of the claimant's contractual notice period.
Facts
The first claimant, Mr Z Grudziecki, brought claims against his former employer New Pro Foundries Limited for redundancy pay, holiday pay, and notice pay. The respondent failed to attend the hearing and was not represented. The claimant was represented by a friend, Mrs M Gadek. A second claimant, Mr P Lichon, also brought claims but did not attend and there was insufficient evidence to determine his case.
Decision
The tribunal granted a default judgment in favour of the first claimant, awarding £9,600 redundancy pay, £1,680 for 14 days accrued but untaken holiday pay, and £5,400 as damages for breach of contract in relation to 12 weeks' notice pay. The second claimant's case could not be determined due to insufficient evidence.
Practical note
Default judgments will be entered where respondents fail to attend, but tribunals still require sufficient evidence from claimants to quantify awards, particularly regarding length of service for redundancy pay and contractual notice periods.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3314583/2023
- Decision date
- 29 September 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep