Claimant v Weavers Carpets and Flooring Ltd
Outcome
Individual claims
The respondent made an unauthorised deduction from the claimant's wages for 4 weeks' pay from 1 April 2025 to the termination of his employment on 30 April 2025. The tribunal ordered payment of the gross sum deducted of £1,804.84.
The respondent failed to pay the claimant 11 weeks statutory notice pay to which he was entitled. The tribunal awarded £4,963.31 as damages for breach of contract, calculated using gross pay to reflect liability for tax on Post Employment Notice Pay.
The respondent made an unauthorised deduction by failing to pay the claimant for 9.3 days of holidays accrued but not taken on the date the claimant's employment ended. The tribunal ordered payment of £841.04 gross.
The claimant was entitled to a statutory redundancy payment based on 12 years continuous service, with the relevant date being 16 July 2025 under section 145(5) ERA 1996. The tribunal awarded £8,121.78.
The unfair dismissal claim succeeded following a Rule 21 Judgment on liability dated 30 July 2025. However, no further compensation was awarded at the remedy hearing beyond the notice pay and redundancy payment.
Facts
The claimant was employed for 12 years until his employment terminated on 30 April 2025 (despite a different date on his P45). The respondent company went into liquidation and failed to pay the claimant his final four weeks' wages, failed to provide 11 weeks' statutory notice pay, failed to pay 9.3 days accrued holiday pay, and failed to pay statutory redundancy. A Rule 21 default judgment on liability was entered on 30 July 2025 as the respondent did not participate.
Decision
The tribunal awarded the claimant a total of £15,730.97 comprising unpaid wages (£1,804.84), notice pay (£4,963.31), holiday pay (£841.04), and statutory redundancy pay (£8,121.78). No compensatory award was made for unfair dismissal beyond these amounts.
Practical note
Where a respondent enters liquidation and does not defend a claim, a Rule 21 default judgment can lead to full remedy awards for all contractual and statutory payments due, though compensation for unfair dismissal may be limited to notice and redundancy where there is no evidence of additional loss.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6018230/2025
- Decision date
- 30 July 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 12 years
Claimant representation
- Represented
- No