Cases2602013/2024

Claimant v Merch (NWI) Limited

5 August 2025Before Employment Judge B ChapmanNottinghamremote video

Outcome

Claimant succeeds£48,155

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages in the period from February 2024 to August 2024. The respondent did not appear to defend the claim. The tribunal awarded £30,331.31 for unpaid wages.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended, constituting an unauthorised deduction from wages. The tribunal awarded £3,600 for unused holiday accrual.

Breach of Contractsucceeded

The tribunal found that the respondent was in breach of contract in failing to pay the claimant's expenses in the period from January 2023 to July 2024. The respondent did not appear to contest this claim. The tribunal awarded £6,873.25 for unpaid expenses.

Redundancy Paysucceeded

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 the claim and the tribunal awarded £7,350 as a statutory redundancy payment.

Facts

Mr Pritchard brought claims against Merch (NWI) Limited for unauthorised deductions from wages covering the period February 2024 to August 2024, unpaid holiday pay, unpaid expenses from January 2023 to July 2024, and entitlement to a statutory redundancy payment. The respondent did not attend the hearing and the tribunal proceeded in their absence under Rule 47. The claimant represented himself and presented his case to the tribunal.

Decision

The tribunal found all of the claimant's claims well-founded and awarded a total of £48,154.56 comprising unpaid wages (£30,331.31), unpaid expenses (£6,873.25), unpaid holiday pay (£3,600), and statutory redundancy payment (£7,350). The tribunal ordered credit to be given for £5,008.67 already paid by the respondent.

Practical note

Where a respondent fails to appear at a tribunal hearing, the tribunal may proceed under Rule 47 and, if satisfied by the claimant's evidence, make substantial awards covering multiple claims including wages, expenses, holiday pay and redundancy.

Award breakdown

Holiday pay£3,600
Redundancy pay£7,350
Unpaid wages£30,331

Legal authorities cited

Statutes

Employment Rights Act 1996 s.163

Case details

Case number
2602013/2024
Decision date
5 August 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No