Cases4101057/2025

Claimant v Bars Holding Ltd

25 September 2025Before Employment Judge F EcclesScotlandremote video

Outcome

Claimant succeeds£7,093

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant was unfairly dismissed by the respondent. The respondent failed to appear or defend the claim, and the tribunal determined the dismissal was unfair based on the claimant's evidence presented in person.

Wrongful Dismissalsucceeded

The tribunal awarded statutory notice pay of 7 weeks, indicating the claimant was dismissed without proper notice or payment in lieu, constituting wrongful dismissal.

Facts

Mr McTaggart was employed by Bars Holding Ltd at a weekly wage of £244.20 with a contractual notice period of 7 weeks. He was dismissed by the respondent. The respondent failed to appear at the tribunal hearing conducted via video link.

Decision

The tribunal found the dismissal was unfair and awarded a basic award of £2,930.40 (representing 12 weeks' pay) and a compensatory award of £2,453.60. The tribunal also awarded 7 weeks' statutory notice pay of £1,709.40 for wrongful dismissal.

Practical note

When a respondent fails to appear at a tribunal hearing, the tribunal can still proceed and make awards based on the claimant's uncontested evidence, resulting in a default judgment in the claimant's favour.

Award breakdown

Basic award£2,930
Compensatory award£2,454
Notice pay£1,709

Case details

Case number
4101057/2025
Decision date
25 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
No

Employment details

Claimant representation

Represented
No