Claimant v Emtac Limited
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant their contractual notice pay of 12 weeks, calculated at £18,000 gross.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment. The respondent failed to pay this entitlement.
The complaint in respect of holiday pay was well-founded. The respondent was in breach of contract by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.
The complaint of unauthorised deductions from wages was well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 to 31 May 2024 in the amount of £6,000 gross.
Facts
Ms Watson's employment with Emtac Limited ended on 31 May 2024. The respondent failed to pay her notice pay of £18,000, statutory redundancy payment of £3,150, holiday pay of £3,461.50, and made an unauthorised deduction of £6,000 from her May 2024 wages. The respondent did not attend the tribunal hearing.
Decision
The tribunal found all of the claimant's claims well-founded. The respondent was ordered to pay a total of £30,611.50 comprising notice pay, statutory redundancy payment, holiday pay, and arrears of wages unlawfully deducted in May 2024.
Practical note
Where an employer fails to attend tribunal proceedings and has not paid contractual entitlements on termination, the tribunal will make awards in the claimant's favour based on the evidence presented.
Award breakdown
Award equivalent: 22.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3306704/2024
- Decision date
- 30 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Emtac Limited
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £60,000–£80,000
Claimant representation
- Represented
- No