Claimant v Emtac Limited
Outcome
Individual claims
The tribunal found the respondent was in breach of contract for failing to pay notice pay. The claimant was awarded £11,250 in damages, calculated on gross pay basis due to Post Employment Notice Pay tax treatment.
The tribunal found 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 claimant was awarded £692.32 in damages.
Facts
Mrs Grainger brought claims for breach of contract against Emtac Limited relating to unpaid notice pay and holiday pay. Neither party attended the hearing which proceeded by CVP. The tribunal heard the case in the absence of both parties and considered the claimant's written submissions and evidence.
Decision
The tribunal found both claims well-founded. The respondent was ordered to pay £11,250 for notice pay (calculated gross for tax purposes as Post Employment Notice Pay) and £692.32 for accrued but untaken holiday pay. This was a default judgment with neither party attending.
Practical note
Default judgments can proceed even when neither party attends, provided the tribunal has sufficient evidence to determine the claims on their merits, and notice pay awards should be grossed up where they will be treated as Post Employment Notice Pay for tax purposes.
Award breakdown
Case details
- Case number
- 3306709/2024
- 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