Claimant v Evoke Outdoor Design Ltd
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant for the period 1 May to 15 May 2023, amounting to 90 hours unpaid at £15 per hour. The respondent failed to present a response, and the claim was determined under rule 21.
The tribunal found the claimant was dismissed in breach of contract without notice. She was entitled to two weeks' notice at a gross weekly pay of £600 per week, totalling £1200 in damages.
The tribunal found the claimant was dismissed by reason of redundancy. With 2 years' service, gross weekly pay of £600, and a multiplier of 1.5 based on age, she was entitled to a statutory redundancy payment of £1800.
The tribunal found the respondent failed to pay accrued but untaken holiday entitlement. The claimant had not taken any of her statutory leave during the five months worked in the current holiday year, amounting to 8.3 days at £150 per day, totalling £1245.
Facts
Mrs Grayson worked for Evoke Outdoor Design Ltd on a part-time basis (10 hours per day, 4 days per week) at £15 per hour, earning £600 gross per week. She had 2 years' service when her employment terminated on 15 May 2023 by reason of redundancy. The respondent failed to pay her wages for the period 1-15 May 2023, failed to pay notice pay, failed to pay statutory redundancy, and failed to pay accrued but untaken holiday entitlement for the holiday year.
Decision
The tribunal granted a default judgment under rule 21 as the respondent failed to present a response. The claimant succeeded on all claims for unpaid wages (£1350), notice pay (£1200), redundancy pay (£1800), and holiday pay (£1245), with a total award of £5595 gross, less tax and national insurance deductions.
Practical note
Employers who fail to defend tribunal claims face default judgments where the tribunal will accept the claimant's account and make awards based on the claimant's assertions, provided they are properly evidenced and calculated.
Award breakdown
Award equivalent: 9.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1305783/2023
- Decision date
- 6 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- No