Cases6013889/2024

Claimant v Terrence Andrew Limited trading as Terrence Andrew Hairdressing

27 May 2025Before Employment Judge E SearleyLondon East

Outcome

Default judgment£5,486

Individual claims

Wrongful Dismissalsucceeded

The Respondent dismissed the Claimant without notice in breach of contract. The Claimant was entitled to 12 weeks statutory notice which was not given. The complaint was well-founded and succeeded as a default judgment due to the Respondent's non-attendance.

Holiday Paysucceeded

The Respondent failed to pay the Claimant for accrued but untaken holiday in accordance with regulations 14(2) and/or 16(1) of the Working Time Regulations 1998. The complaint was well-founded and succeeded as a default judgment.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined the Claimant was entitled to a statutory redundancy payment based on 17 years of service, age 63 at redundancy date, and average weekly pay of £137.28. The claim succeeded as a default judgment.

Facts

The Claimant was employed by Terrence Andrew Limited trading as Terrence Andrew Hairdressing for 17 years, earning an average gross weekly wage of £137.28. She was made redundant on 15 June 2024 at age 63. The Respondent dismissed her without notice and failed to pay her for accrued holiday. The Respondent did not attend the hearing.

Decision

The tribunal granted a default judgment in favor of the Claimant. The tribunal awarded £1,647.36 for 12 weeks statutory notice pay (calculated gross as Post Employment Notice Pay), £337.70 for unpaid holiday pay, and £3,500.64 statutory redundancy payment based on 17 years service and age 63.

Practical note

When an employer fails to defend claims and does not attend the hearing, tribunals will issue default judgments awarding full statutory entitlements including notice pay, holiday pay, and redundancy payments based on the applicable statutory formulas.

Award breakdown

Notice pay£1,647
Holiday pay£338
Redundancy pay£3,501

Legal authorities cited

Statutes

ERA 1996 s.163Working Time Regulations 1998 reg.14(2)Working Time Regulations 1998 reg.16(1)

Case details

Case number
6013889/2024
Decision date
27 May 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Service
17 years

Claimant representation

Represented
No