Claimant v Posh Signs Peterborough Ltd
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The respondent failed to pay the claimant the notice pay he was entitled to, amounting to 2 weeks' pay at the gross weekly rate.
The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant was entitled to payment for these accrued but untaken holidays.
The tribunal found the complaint of unfair dismissal to be well-founded and concluded that the claimant was unfairly dismissed. The respondent did not attend to defend the claim and the tribunal was satisfied on the evidence presented that the dismissal was unfair.
Facts
Mr Thomas was employed by Posh Signs Peterborough Ltd, which subsequently went into liquidation. Upon termination of his employment, the respondent failed to pay him his notice pay and accrued but untaken holiday pay. The claimant brought claims for unfair dismissal, breach of contract (notice pay), and unauthorised deduction of wages (holiday pay). The respondent did not attend the hearing or enter any defence.
Decision
The tribunal found all three claims well-founded. The respondent was ordered to pay £1,199.97 for notice pay (grossed up for tax), £449.95 for holiday pay, and a basic award of £1,799.95 for unfair dismissal, totalling £3,449.87. The respondent's non-attendance meant the claims were determined on the claimant's evidence alone.
Practical note
When an employer goes into liquidation and fails to defend claims, tribunals will award notice pay, holiday pay, and basic awards for unfair dismissal based on the claimant's uncontested evidence, with notice pay grossed up to account for Post Employment Notice Pay tax treatment.
Award breakdown
Case details
- Case number
- 6012738/2024
- Decision date
- 28 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- solicitor