Claimant v IMS Energy Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in August 2024 in the amount of £2,430.00 gross.
The tribunal found that the respondent made an unauthorised deduction by failing to pay the claimant for holidays accrued but not taken on the date employment ended, awarding £1,836.00.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment of £4,200.00.
The tribunal found the respondent's failure to give notice of termination was a breach of contract, awarding £4,446.00 as damages calculated on gross pay to reflect tax treatment as Post Employment Notice Pay.
The tribunal found the respondent deducted employee pension contributions but failed to pay them to the pension provider, constituting breach of contract, awarding £1,800.00 in damages.
The tribunal found the respondent's failure to pay employer pension contributions was a breach of contract, awarding £1,270.00 in damages.
Facts
The claimant P Miller brought claims against IMS Energy Limited relating to various financial matters arising from their employment. The respondent failed to attend the hearing. The tribunal heard evidence that the respondent had made deductions from wages in August 2024, failed to pay accrued holiday pay on termination, did not provide notice of termination, and deducted pension contributions without remitting them to the pension provider while also failing to pay employer contributions.
Decision
The tribunal found all of the claimant's claims well-founded, awarding a total of £15,982.00 comprising unpaid wages, holiday pay, statutory redundancy payment, notice pay, and pension-related damages. The respondent's failure to attend meant the claims were determined on the claimant's uncontested evidence.
Practical note
Non-attendance by respondents in employment tribunals typically results in default judgments where claimants can prove their case, and employers face liability for multiple breaches including wage deductions, notice pay, and pension contribution failures.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6002191/2025
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No