Claimant v Brett Edwards Enterprises 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 proper notice pay upon termination of employment.
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken on the date employment ended. The claimant was entitled to payment for unused holiday.
The tribunal dismissed the complaint of alleged failure to provide written statement of employment particulars, finding no breach established on the evidence.
Facts
The claimant brought claims against her former employer including breach of contract for notice pay, unpaid holiday pay, and failure to provide written employment particulars. The respondent did not attend the hearing. The tribunal heard evidence on a preliminary basis regarding the contractual and wage claims.
Decision
The tribunal upheld the claimant's claims for notice pay (£142.56) and holiday pay (£1,056.72), finding the respondent had breached contract and made unlawful deductions. The claim regarding failure to provide written employment particulars was dismissed. Other claims in the proceedings continue.
Practical note
Non-attendance by a respondent does not prevent a tribunal from examining claims on their merits, and claimants can succeed on contractual and wages claims where evidence supports the breach.
Award breakdown
Case details
- Case number
- 1300854/2022
- Decision date
- 16 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No