Claimant v Bibby Energy Solutions Ltd
Outcome
Individual claims
The respondent failed to present a response and the tribunal determined under Rule 22 that the respondent made unauthorised deductions of 2 weeks' wages at £846.23 gross per week.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent was ordered to pay damages equivalent to 1 week's statutory notice at £846.23 gross.
The respondent breached the claimant's contract by failing to pay expenses for business use (fuel and materials). After deducting a payment on account of £151.79 made on 10/12/2024, the balance owed was £386.58.
The respondent failed to pay the claimant's accrued but untaken holiday entitlement. The tribunal awarded 24.4 hours at £17.63 per hour, totalling £430.17.
The respondent failed to give written itemised pay statements as required by ERA 1996 section 8. However, no additional award was made as the shortfall was accounted for in the unauthorised deductions award.
Facts
Mr Goulder was employed by Bibby Energy Solutions Ltd at a gross weekly wage of £846.23. His employment was terminated without proper notice. The respondent failed to pay him 2 weeks' wages, failed to reimburse business expenses of £538.37 (less a part payment of £151.79 made on 10/12/2024), and failed to pay accrued but untaken holiday pay of 24.4 hours. The respondent also failed to provide written itemised pay statements. The respondent failed to present a valid response to the claim.
Decision
The tribunal made a default judgment under Rule 22 in favour of the claimant. The respondent was ordered to pay £1,692.46 for unauthorised deductions (2 weeks' wages), £846.23 for wrongful dismissal (1 week's statutory notice), £386.58 for unpaid business expenses, and £430.17 for holiday pay, totalling £3,355.44. No separate award was made for failure to provide pay statements as the loss was already covered.
Practical note
Where a respondent fails to present a response, a tribunal can make a default judgment under Rule 22, determining all monetary claims on the papers without a hearing, including wages, notice, expenses and holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2400953/2025
- Decision date
- 10 July 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- energy
- Represented
- No
Employment details
Claimant representation
- Represented
- No