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 the hearing to defend the claim. The tribunal awarded damages calculated on gross pay to reflect the liability for tax on Post Employment Notice Pay.
Facts
Ms Timbrell brought a claim for breach of contract relating to unpaid notice pay against Emtac Limited. The respondent did not attend the hearing held remotely by CVP on 30 July 2025. The tribunal proceeded to hear the claim in the respondent's absence.
Decision
The tribunal found the claim for breach of contract in relation to notice pay to be well-founded. The respondent was ordered to pay £12,500 in damages, calculated using gross pay to account for the claimant's tax liability on Post Employment Notice Pay.
Practical note
Employers who fail to attend tribunal hearings risk default judgments being entered against them, and notice pay awards should be grossed up where they constitute Post Employment Notice Pay subject to taxation.
Award breakdown
Case details
- Case number
- 3306705/2024
- Decision date
- 30 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Emtac Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No