Claimant v Complete Contracts Ltd
Outcome
Individual claims
The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. The respondent did not defend the claim.
The tribunal found the respondent failed to pay the claimant's accrued holiday entitlement. The respondent did not defend the claim.
The tribunal found the respondent made unauthorised deductions from wages: £57.47 purportedly for pension contributions not paid to the provider, £181.60 for PAYE not paid to HMRC, and £72.69 for NI contributions not paid to HMRC.
The tribunal found the claimant was dismissed in breach of contract by not receiving 5 weeks notice or payment in lieu of notice to which she was entitled.
Facts
Ms Cardy was employed by Complete Contracts Ltd and was dismissed by reason of redundancy. The respondent failed to pay her statutory redundancy payment, accrued holiday pay, and made unauthorised deductions from her wages including pension contributions, PAYE, and national insurance that were deducted but not remitted to the appropriate bodies. She was also dismissed without receiving her contractual notice entitlement of 5 weeks.
Decision
The tribunal made a default judgment in favour of the claimant under Rule 22, as the respondent did not defend the claims. The tribunal awarded redundancy pay of £3,750, holiday pay of £1,166, reimbursement of unlawfully deducted sums totalling £311.76, and damages for wrongful dismissal of £1,897.98.
Practical note
Employers who fail to defend tribunal claims face default judgments, and deducting pension contributions, PAYE, or NI from employee wages without remitting them to the relevant bodies constitutes unlawful deduction of wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306533/2024
- Decision date
- 25 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No