Claimant v BAU Mechanical Electrical Plumbing Ltd
Outcome
Individual claims
The claimant was not paid for the last 3 weeks of employment from 12 September to 30 September 2022. The tribunal calculated that he was entitled to pay for 8 normal working days, 1 bank holiday, and 3 holiday days, totalling 2.4 weeks' salary at £807.69 per week. Three sick days did not qualify for SSP payment.
The claimant incurred expenses of £100.20 which he was contractually entitled to be reimbursed for, as identified in his email with attachments of 2 June 2025. The respondent failed to pay these expenses.
The claimant's entitlement to holiday pay for three days (26-28 September) was included within the total award for unauthorised deduction from wages. This formed part of the 2.4 weeks' salary calculation.
Facts
The claimant was employed by the respondent on an annual salary of £42,000 and was entitled to expenses. The respondent, which is in creditors' voluntary liquidation, failed to pay the claimant for the last three weeks of his employment from 12 September to 30 September 2022. During this period, the claimant worked 8 normal days, had 1 bank holiday, took 3 days of annual leave, and was off sick for 3 days. He also incurred £100.20 in expenses which were not reimbursed.
Decision
The tribunal found in favour of the claimant under Rule 22 (default judgment). The respondent was ordered to pay £1,938.46 for unauthorised deduction from wages (representing 2.4 weeks' salary after excluding the sick days not qualifying for SSP) and £100.20 in unreimbursed expenses, totalling £2,038.66.
Practical note
This case demonstrates that Rule 22 default judgments can be made on the papers where a respondent in liquidation fails to respond, with tribunals carefully calculating entitlements including differentiating between paid holiday, bank holidays, and unpaid sick leave below SSP thresholds.
Award breakdown
Award equivalent: 2.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3314407/2022
- Decision date
- 30 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No