Claimant v Merch (NWI) Limited
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages in the period from June 2024 to August 2024. The respondent did not attend to defend the claim, and the tribunal accepted the claimant's evidence that she was owed £12,500.01 in unpaid wages.
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 awarded £3,461.58 for unused holiday accrual.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant is entitled to a redundancy payment. The respondent did not attend to contest this claim, and the tribunal awarded the statutory redundancy payment of £4,200.
Facts
The claimant was employed by Merch (NWI) Limited and her employment ended. The respondent failed to pay wages for the period June 2024 to August 2024, failed to pay accrued but untaken holiday pay, and did not pay the statutory redundancy payment. The respondent did not attend the hearing and did not defend the claims.
Decision
The tribunal proceeded in the absence of the respondent under Rule 47 and found in favour of the claimant on all claims. The claimant was awarded £20,161.59 comprising unpaid wages, accrued holiday pay, and statutory redundancy payment. The claimant is responsible for paying any tax or National Insurance contributions on the gross sum.
Practical note
When an employer fails to attend a tribunal hearing, the tribunal can proceed in their absence and grant default judgment if the claimant's evidence supports the claims for unpaid wages, holiday pay, and redundancy.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2602017/2024
- Decision date
- 5 August 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No