Claimant v Fairs and Green MS Limited
Outcome
Individual claims
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.
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.
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
Legal authorities cited
Statutes
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