Claimant v CTL Audiovisual Services Limited
Outcome
Individual claims
Tribunal determined under section 163 ERA 1996 that Mr Payne was entitled to a redundancy payment. The respondent did not attend to defend the claim.
Mr Payne's claim for notice pay was well-founded. The respondent failed to pay the proper notice period on termination.
All three claimants succeeded in claims for unauthorised deductions from wages for periods between August/September 2024 and May 2025. The respondent made unlawful deductions by failing to pay wages owed.
Mrs Beeby's claim for accrued but untaken holiday pay on termination was well-founded. The respondent failed to pay for holidays accrued but not taken.
Mr Russell withdrew his redundancy claim having already received payment from the Redundancy Payments Service.
Mr Russell withdrew his holiday pay claim having already received payment from the Redundancy Payments Service.
Tribunal determined under section 163 ERA 1996 that Mrs Beeby was entitled to a redundancy payment. The respondent did not attend to defend the claim.
Mrs Beeby's claim for notice pay was well-founded. The respondent failed to pay the proper notice period on termination.
Facts
Three employees of CTL Audiovisual Services Limited brought claims after the company failed to pay wages, notice pay, redundancy payments and holiday pay. The deductions occurred between August/September 2024 and May 2025. The respondent company became insolvent and Mr Russell had already received partial payments from the Redundancy Payments Service before the hearing. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found in favour of all three claimants on their claims for unlawful deduction of wages. Mr Payne and Mrs Beeby were awarded redundancy payments and notice pay. Mrs Beeby was also awarded holiday pay. Mr Russell's redundancy and holiday pay claims were withdrawn as he had received these from the Redundancy Payments Service, but he succeeded in recovering the balance of unpaid wages.
Practical note
When an employer becomes insolvent and fails to defend tribunal proceedings, employees can succeed in default judgments for statutory payments, though they may need to claim from the Redundancy Payments Service rather than the insolvent employer directly.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2300855/2025
- Decision date
- 25 July 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No