Claimant v Certa Precision Engineering Limited
Outcome
Individual claims
The Claimant was dismissed by reason of redundancy and the tribunal found the Claimant entitled to statutory redundancy payment. The respondent did not attend to contest the claim.
The tribunal found the complaint of unfair dismissal pursuant to section 98 of the Employment Rights Act 1996 was well founded. The respondent failed to attend and the claimant proved their case on evidence presented.
The tribunal found the complaint of breach of contract for notice pay was well founded. The Claimant was entitled to 2 weeks' notice pay at £475 per week gross.
The tribunal found the complaint of failure to provide written statement of terms and conditions was well founded. The respondent was ordered to pay 4 weeks' pay as the statutory penalty for this failure.
The tribunal found the complaint of unauthorised deductions from pay in relation to holiday pay was well-founded. The Respondent made an unauthorised deduction of 1 week's accrued but untaken holiday pay from the 2024 leave year.
Facts
Mrs T Davies was employed by Certa Precision Engineering Limited and was dismissed by reason of redundancy on 20 September 2024. She was entitled to 2 weeks' notice pay at £475 per week. The respondent failed to provide written terms and conditions of employment and made an unauthorised deduction from her final pay in respect of 1 week's accrued holiday pay from the 2024 leave year. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found all claims well-founded and awarded Mrs Davies statutory redundancy pay of £2,137.50, a compensatory award for unfair dismissal of £17,868.02, notice pay of £950, holiday pay of £632.42, and a penalty of £1,900 for failure to provide written terms. The respondent's non-attendance meant the claims were proved on the claimant's evidence alone.
Practical note
A respondent's failure to attend a tribunal hearing will typically result in judgment for the claimant on all claims where the claimant can prove their case on the evidence, including statutory penalties for non-compliance with basic employment law obligations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1800308/2025
- Decision date
- 18 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister