Outcome
Individual claims
The tribunal found the complaint of unauthorised deductions from wages well-founded. The respondent failed to present a valid response and the tribunal determined the claim in accordance with Rule 22, awarding the claimant £160 in unauthorised deductions.
The tribunal found the claimant was dismissed in breach of contract in respect of notice. Under a default judgment, the respondent was ordered to pay damages for notice pay calculated at gross to reflect post-employment notice pay tax treatment, totalling £2,400.
The tribunal determined the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The respondent failed to defend the claim and the tribunal awarded £3,000 in redundancy pay.
The tribunal found the complaint in respect of holiday pay well-founded. The respondent failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998, and was ordered to pay £560 in accrued but unpaid holiday pay.
Facts
Miss Smethurst brought claims against Sircus Limited for unauthorised deductions from wages, breach of contract (notice pay), redundancy pay, and holiday pay. The respondent failed to present a valid response on time to any of these claims. A hearing had been listed for 5 June 2025 but was cancelled.
Decision
The tribunal issued a default judgment under Rule 22 finding all four claims well-founded. The tribunal awarded £160 for unauthorised wage deductions, £2,400 for notice pay (grossed up for tax), £3,000 statutory redundancy payment, and £560 for unpaid holiday pay under the Working Time Regulations 1998, totalling £6,120.
Practical note
Employers who fail to defend tribunal claims face default judgments awarding full entitlements including notice, redundancy, and accrued holiday pay without any opportunity to challenge the amounts claimed.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6003002/2025
- Decision date
- 29 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Sircus Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No