Cases2500493/2025

Claimant v Brad Rogerson

18 July 2025Before Employment Judge A. TinnionNewcastleremote video

Outcome

Claimant succeeds£3,658

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claim well founded. The respondent did not attend or defend the claim, and the tribunal was satisfied on the evidence presented that the dismissal was unfair.

Redundancy Paysucceeded

The tribunal found the statutory redundancy payment claim well founded. The respondent failed to pay the statutory entitlement due to the claimant upon termination.

Breach of Contractsucceeded

The tribunal awarded 4 weeks notice pay, finding that the respondent breached the employment contract by failing to provide proper notice or payment in lieu.

Holiday Paysucceeded

The tribunal found the claimant had 2.332 days of untaken annual leave accrued and unpaid at termination, constituting a breach of contract and Working Time Regulations 1998.

Facts

Gemma Armstrong was dismissed by Brad Rogerson, her employer. She was entitled to 4 weeks notice pay at £452.01 per week and had 2.332 days of untaken holiday at termination. The respondent failed to attend the tribunal hearing or defend the claims.

Decision

The tribunal found all claims well founded in favour of the claimant, awarding unfair dismissal compensation, statutory redundancy payment, notice pay, and holiday pay totalling £3,658.34. The respondent's non-attendance meant the claims were uncontested.

Practical note

Where a respondent fails to attend or defend claims, a tribunal may still find claims well founded on the claimant's uncontested evidence and award full remedies.

Award breakdown

Notice pay£1,808
Holiday pay£249
Redundancy pay£1,601

Legal authorities cited

Statutes

ERA 1996 s.94-98ERA 1996 s.163-164ERA 1996 s.13Working Time Regulations 1998 Reg 14

Case details

Case number
2500493/2025
Decision date
18 July 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No