Claimant v Total Home Delivery Limited
Outcome
Individual claims
The tribunal found unauthorised deductions from wages under ERA 1996 s.13 to be well founded. The respondent failed to pay wages due totalling £2001.60 net. The respondent did not attend or defend the claim.
The claim for accrued but untaken holiday pay was well founded. The respondent owed £2001.60 net for holiday entitlement that had accrued but not been taken or paid. This formed part of the unauthorised deductions claim.
The tribunal found the claim for notice pay to be well founded as part of unauthorised deductions. The respondent failed to pay notice pay of £3892 net to which the claimant was entitled upon termination.
The claim for redundancy payment under ERA 1996 s.135 was well founded. The tribunal awarded a statutory redundancy payment of £7245 calculated in accordance with ERA 1996 s.162.
Facts
The claimant worked for a delivery logistics company and was made redundant. The respondent failed to pay his final wages, accrued holiday pay, notice pay, or statutory redundancy payment. The respondent did not file a response to the claim despite the claim form being sent to the workplace address and hearing notice being sent to the registered address. The respondent did not attend the hearing.
Decision
The tribunal made a default judgment in the claimant's favour under rule 22, finding all claims well founded. The respondent was ordered to pay £15,140.20 comprising unpaid wages, holiday pay, notice pay, and statutory redundancy payment. The claimant represented himself and provided additional information at the hearing upon which the determination was made.
Practical note
Where a respondent fails to engage with tribunal proceedings, a claimant can succeed on a rule 22 default judgment by providing sufficient information to establish their claims, even without contested evidence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3312029/2024
- Decision date
- 11 September 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No