Claimant v Fika Recruitment Limited
Outcome
Individual claims
The claimant withdrew the unfair dismissal claim. The tribunal dismissed the claim upon withdrawal.
The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment. The respondent failed to attend and did not contest the claim.
The tribunal found the respondent terminated the claimant's contract without giving the contractual or statutory notice to which she was entitled under the Employment Rights Act 1996. The claimant was awarded three weeks' net pay as compensation.
Facts
Miss Malone brought claims against Fika Recruitment Limited for unfair dismissal, redundancy payment, and notice pay. The respondent did not attend the hearing. The claimant withdrew her unfair dismissal claim during the proceedings. The tribunal heard the remaining claims relating to redundancy payment and breach of contract for failure to provide proper notice.
Decision
The tribunal dismissed the unfair dismissal claim on withdrawal. The tribunal found in favour of the claimant on both remaining claims, determining she was dismissed by reason of redundancy and entitled to a statutory redundancy payment of £1,730.76, and that the respondent had breached her contract by failing to provide three weeks' notice, awarding compensation of £1,449.18.
Practical note
Default judgments can be obtained where a respondent fails to attend, and claimants can successfully pursue redundancy and notice pay claims even where unfair dismissal is withdrawn.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6009047/2024
- Decision date
- 1 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No