Claimant v ABC Demolition (Group) Limited
Outcome
Individual claims
The claimant was dismissed in breach of contract in respect of notice. The tribunal awarded damages equivalent to three months' net salary at £3,094.61 per month.
The respondent failed to pay the claimant's holiday entitlement. The tribunal ordered payment of 16 days' gross salary totalling £3,200.
When proceedings began, the respondent was in breach of its duty to provide written statement of employment particulars. The tribunal found no exceptional circumstances to avoid the statutory penalty and awarded two weeks' pay under section 38 Employment Act 2002.
The claimant was unfairly dismissed. The tribunal awarded a basic award, compensatory award covering losses until new employment and reduced losses after new employment was found, plus loss of statutory rights. The tribunal rejected a claim for Gold Card costs due to insufficient proof.
Facts
Mr Verity was employed for approximately 7 years before being dismissed on 1 June 2024 by ABC Demolition (Group) Limited, which subsequently entered voluntary liquidation. The respondent failed to provide proper notice, pay holiday entitlement, or provide written employment particulars. The claimant remained unemployed for 26 weeks before finding new employment at reduced salary on 2 December 2024.
Decision
This was a Rule 22 default judgment where the respondent did not participate. The tribunal upheld all claims, awarding £33,194.49 total including unfair dismissal, wrongful dismissal, holiday pay and statutory penalty for failure to provide employment particulars. The tribunal applied recoupment regulations to part of the award and reduced compensatory award to reflect new lower-paid employment.
Practical note
Default judgments under Rule 22 require tribunals to carefully calculate awards including mitigation where claimant finds new employment at reduced salary, and to properly apply recoupment regulations to the unfair dismissal element.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014339/2024
- Decision date
- 30 June 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 7 years
Claimant representation
- Represented
- No