Cases2407383/2024

Claimant v MKDJLW1 Ltd

16 April 2025Before Employment Judge M AspinallLiverpoolin person

Outcome

Claimant succeeds£15,350

Individual claims

Redundancy Paysucceeded

Respondent failed to appear and claimant provided evidence of redundancy. Tribunal awarded statutory redundancy payment calculated as 2 weeks' pay at £575 per week for 1 year of service.

Breach of Contractsucceeded

Claimant entitled to notice pay which was not paid by the respondent. Tribunal awarded 2 months' notice pay at £2,500 gross per month based on contractual notice period.

Holiday Paysucceeded

Claimant had accrued but untaken holiday entitlement of 12 days. Tribunal awarded holiday pay calculated at £115 per day for 12 days totalling £1,380.

Unlawful Deduction from Wagessucceeded

Respondent made unauthorised deductions from wages including shortfalls in June (£920) and July (£2,500), unpaid wages for 9 days in August, and outstanding overtime for 7.5 days. Total unauthorised deductions amounted to £5,320.

Othersucceeded

Respondent failed to provide payslips to claimant as required by statute. Tribunal awarded compensation of £2,500 for the failure to provide payslips in relation to deductions made in July.

Whistleblowingwithdrawn

Withdrawn by claimant; the box on the claim form had been ticked in error.

Facts

Miss Halliwell brought multiple claims against her former employer MKDJLW1 Ltd, which had entered creditors voluntary liquidation. The respondent failed to appear at the hearing. The claimant was made redundant and was owed statutory redundancy pay, notice pay, accrued holiday pay, and had suffered various unauthorised deductions from her wages including salary shortfalls in June and July, unpaid days in August, and outstanding overtime. The respondent also failed to provide payslips.

Decision

The tribunal found in favour of the claimant on all claims except whistleblowing which was withdrawn. The respondent was ordered to pay £15,350 comprising redundancy pay, notice pay, holiday pay, unpaid wages, and compensation for failure to provide payslips. Interest was payable on any sums not paid within 14 days at 8% per annum.

Practical note

Where an employer in liquidation fails to defend claims, tribunals will make default judgments based on the claimant's evidence, awarding all statutory entitlements and compensation for wage deductions and administrative failures.

Award breakdown

Notice pay£5,000
Holiday pay£1,380
Redundancy pay£1,150
Unpaid wages£5,320

Award equivalent: 26.6 weeks' gross pay

Case details

Case number
2407383/2024
Decision date
16 April 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Salary band
£30,000–£40,000
Service
1 years

Claimant representation

Represented
No