Cases1305783/2023

Claimant v Evoke Outdoor Design Ltd

6 June 2025Before Employment Judge EdmondsWest Midlandson papers

Outcome

Default judgment£5,595

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Wrongful Dismissalsucceeded

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.

Redundancy Paysucceeded

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.

Holiday Paysucceeded

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

Notice pay£1,200
Holiday pay£1,245
Redundancy pay£1,800
Unpaid wages£1,350

Award equivalent: 9.3 weeks' gross pay

Legal authorities cited

Statutes

Employment Rights Act 1996

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