Claimant v Lesley Anne Ltd t/a Hodge Services
Outcome
Individual claims
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant is entitled to a statutory redundancy payment. The respondent did not attend to contest the claim.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant the notice pay she was entitled to upon termination of employment.
The respondent was in breach of contract for failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The claim for unpaid holiday pay was well-founded.
The respondent made an unauthorised deduction from the claimant's wages in the period 1-3 July 2024. The tribunal found this complaint well-founded.
The complaint of unfair dismissal was well-founded. The claimant was unfairly dismissed by the respondent. No defence was presented as the respondent did not attend the hearing.
Facts
The claimant's employment with Lesley Anne Ltd t/a Hodge Services ended on 3 July 2024. The claimant brought claims for redundancy pay, notice pay, holiday pay, unpaid wages for a 3-day period, and unfair dismissal. The respondent did not attend the hearing. The claimant appeared in person assisted by her husband and with the assistance of an interpreter.
Decision
The tribunal found all of the claimant's claims well-founded. The respondent's non-attendance meant the claims were determined in the claimant's favour. Awards were made for statutory redundancy pay, damages for breach of contract in relation to notice and holiday pay, unpaid wages, and a compensatory award for unfair dismissal.
Practical note
This case demonstrates that when a respondent fails to attend a tribunal hearing, a claimant who presents credible evidence can succeed on all claims, resulting in a default judgment in their favour.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3311724/2024
- Decision date
- 14 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No