Claimant v Emtac Limited
Outcome
Individual claims
The tribunal found the respondent in breach of contract for failing to pay notice pay. The claim was well-founded and succeeded by default as the respondent did not attend the hearing.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment. The respondent failed to pay this.
The respondent was in breach of contract for failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claim was well-founded.
Facts
Mrs Tucker brought claims against Emtac Limited for notice pay, redundancy pay, and accrued holiday pay following the termination of her employment. The respondent did not attend the hearing to defend the claims. The tribunal heard the matter by CVP video hearing on 30 July 2025.
Decision
The tribunal found all three claims well-founded and awarded the claimant a total of £34,569.27, comprising £25,000 notice pay (grossed up for likely tax liability), £6,300 statutory redundancy pay, and £3,269.27 holiday pay. The respondent's non-attendance led to a default judgment in favour of the claimant.
Practical note
Where a respondent fails to engage with tribunal proceedings, the tribunal will grant default judgment on well-founded claims, and may gross up notice pay awards to account for Post Employment Notice Pay tax treatment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306702/2024
- 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