Cases6002260/2025

Claimant v Fairs and Green MS Limited

8 May 2025Before Employment Judge HarringtonLondon Southremote video

Outcome

Claimant succeeds£18,180

Individual claims

Redundancy Paysucceeded

The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a statutory redundancy payment. The respondent's failure to pay this was upheld and the tribunal awarded the full statutory amount calculated at £17,043.90.

Holiday Paysucceeded

The tribunal found the complaint well-founded, determining that the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant was awarded £568.13 representing the unpaid accrued holiday.

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint well-founded, determining that the respondent made an unauthorised deduction from the claimant's wages in the period 23-27 September 2024. The tribunal awarded £568.13 representing the gross sum unlawfully deducted.

Facts

The claimant was made redundant by the respondent company. Following the termination of employment, the respondent failed to pay the claimant his statutory redundancy payment, failed to pay for accrued but untaken holiday, and made an unauthorised deduction from wages during the period 23-27 September 2024. The claimant brought claims for redundancy pay, holiday pay, and unlawful deduction of wages.

Decision

The tribunal found all three claims well-founded. The respondent was ordered to pay £17,043.90 in statutory redundancy pay, £568.13 for unpaid holiday, and £568.13 for the unauthorised wage deduction in September 2024. The claimant succeeded on all claims brought.

Practical note

Employers must ensure timely payment of statutory redundancy entitlements and all outstanding wages and holiday pay on termination, as failure to do so will result in successful tribunal claims.

Award breakdown

Holiday pay£568
Redundancy pay£17,044
Unpaid wages£568

Legal authorities cited

Statutes

ERA 1996 s.163

Case details

Case number
6002260/2025
Decision date
8 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No