Claimant v Kimura Management Services Ltd
Outcome
Individual claims
The tribunal found the claimant was entitled to two months' notice pay which was not paid by the respondent. The respondent failed to attend the hearing to contest the claim.
The tribunal found the respondent breached contract by failing to carry out a proper redundancy consultation process. The respondent did not attend to defend this claim.
The tribunal found the respondent made an unauthorised deduction by failing to pay the claimant for accrued but untaken holiday at the termination of employment.
Facts
Mr Coates was employed by Kimura Management Services Ltd from 1 October 2023 until his employment was terminated on 29 November 2024. The respondent failed to pay the claimant two months' notice pay to which he was entitled, failed to conduct a proper redundancy consultation process, and failed to pay accrued but untaken holiday pay at the termination of employment. The respondent did not attend the hearing to contest the claims.
Decision
The tribunal found all three claims well-founded. The claimant was awarded £25,000 for notice pay, £12,500 for failure to conduct redundancy consultation, and £2,307.69 for unpaid holiday pay. The notice pay and consultation awards were grossed up to reflect that they would be taxable as Post Employment Notice Pay.
Practical note
Employers who fail to attend tribunal hearings risk default judgments awarding all sums claimed, and notice pay and consultation payments may need to be grossed up if taxable as PENP.
Award breakdown
Award equivalent: 13.8 weeks' gross pay
Case details
- Case number
- 6023194/2024
- Decision date
- 13 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £100,000+
- Service
- 1 years
Claimant representation
- Represented
- No