Cases1405791/2023

Claimant v Pillbox Chemists Ltd

25 July 2025Before Employment Judge GraySouthampton

Outcome

Claimant succeeds£5,253

Individual claims

Unfair Dismissalsucceeded

The tribunal found in the claimant's favour on unfair dismissal. The respondent's response had been struck out on 10 March 2025 and they did not attend the hearing. The tribunal proceeded to determine the claim and awarded both basic and compensatory awards, indicating the dismissal was found to be unfair.

Holiday Paysucceeded

The claimant's complaint for accrued but untaken holiday pay succeeded. The tribunal awarded 16 days of holiday pay at the daily gross rate of £76.34, totalling £1,221.44.

Facts

Miss Richardson brought claims for unfair dismissal and holiday pay against Pillbox Chemists Ltd. The respondent's response was struck out by judgment dated 10 March 2025. The respondent did not attend the remedy hearing on 25 July 2025. The claimant appeared in person to present her case for remedy.

Decision

The tribunal found the claimant was unfairly dismissed and awarded a basic award of £381.69 and compensatory award of £3,649.99 (which included a 25% ACAS uplift for failure to follow procedures). The tribunal also awarded £1,221.44 in accrued holiday pay for 16 days.

Practical note

Where a respondent's response is struck out and they fail to attend, a tribunal can proceed to determine liability and remedy, including applying ACAS uplifts for procedural failures.

Award breakdown

Basic award£382
Compensatory award£3,650
Holiday pay£1,221
Loss of statutory rights£500

Adjustments

ACAS uplift+25%

A 25% ACAS uplift was applied to the compensatory award, increasing it from £2,919.99 to £3,649.99, indicating the respondent failed to follow the ACAS Code of Practice.

Case details

Case number
1405791/2023
Decision date
25 July 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No