Claimant v Emtac Limited
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The respondent did not attend to defend the claim. The tribunal awarded £8,000 calculated using gross pay to reflect Post Employment Notice Pay tax treatment.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment. The respondent did not attend to contest the claim. The statutory redundancy payment of £4923.04 was awarded.
The complaint in respect of holiday pay was well-founded. The tribunal found the respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date employment ended. The respondent did not attend to defend.
Facts
Mrs Prasal brought claims against her former employer Emtac Limited for notice pay, redundancy payment, and holiday pay. The respondent did not attend the hearing held remotely by CVP on 30 July 2025. The tribunal proceeded to determine the claims in the respondent's absence.
Decision
The tribunal found all three claims well-founded and awarded the claimant a total of £13,538.44 comprising £8,000 notice pay (grossed up for tax), £4,923.04 statutory redundancy payment, and £615.40 for accrued but untaken holiday pay. This was a default judgment as the respondent did not participate.
Practical note
When a respondent fails to attend a hearing, a tribunal may proceed to determine claims and make awards based on the claimant's evidence, resulting in default judgment for the claimant.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306703/2024
- Decision date
- 30 July 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- Emtac Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No