Claimant v R5 MSS Ltd
Outcome
Individual claims
The tribunal declared that the claimant was unfairly dismissed and awarded both a basic award and compensatory award. The respondent did not attend or defend the claim, and the tribunal found in favour of the claimant on the evidence presented.
The tribunal awarded the claimant £1,912.44 (net of tax and National Insurance) for accrued but untaken annual leave as at the date of termination. This was calculated based on the claimant's entitlement and the respondent's failure to pay upon termination.
Facts
The claimant, Mr B Shardlow, was employed by R5 MSS Ltd and was dismissed. The claimant brought claims for unfair dismissal and accrued but untaken holiday pay. The respondent did not attend the hearing or participate in the proceedings. The claimant appeared in person and presented evidence to support his claims.
Decision
The tribunal found that the claimant was unfairly dismissed and awarded a basic award of £2,100 and a compensatory award of £12,112.11. The tribunal also awarded £1,912.44 (net) for accrued but untaken annual leave. The respondent's non-attendance did not prevent the tribunal from considering the merits of the claim.
Practical note
Where a respondent fails to attend or defend a claim, a tribunal may still find in favour of the claimant if satisfied on the evidence that the claims are well-founded.
Award breakdown
Case details
- Case number
- 1402341/2024
- Decision date
- 19 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- R5 MSS Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No