Cases2407384/2024

Claimant v MKDJLW1 Ltd

Outcome

Claimant succeeds£13,099

Individual claims

Redundancy Paysucceeded

The tribunal found the claimant was made redundant and awarded statutory redundancy pay calculated at 4 weeks at £498 per week, reflecting 4 years of service.

Breach of Contractsucceeded

The tribunal found the respondent failed to pay the claimant's contractual notice pay. The claimant was entitled to 3 months notice at £2166.67 gross per month, totalling £6500.

Holiday Paysucceeded

The tribunal found the claimant was owed 6 days outstanding holiday pay calculated at £99.55 per day, totalling £597.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from wages, including a £710 shortfall in June salary and a £500 shortfall in July salary, totalling £1210.

Breach of Contractsucceeded

The tribunal found the respondent deducted £804 from the claimant's wages for pension contributions but failed to pay these contributions to the pension scheme, constituting a breach of contract.

Othersucceeded

The tribunal found the respondent failed to provide pay slips as required by statute and awarded 4 weeks gross pay (£1994) as compensation for this failure.

Facts

The claimant was employed by MKDJLW1 Ltd which entered creditors voluntary liquidation. She was made redundant without receiving proper notice pay, full salary payments, or outstanding holiday pay. The respondent also deducted pension contributions from her wages but failed to pay them to the pension provider, and failed to provide pay slips. The respondent did not appear at the hearing.

Decision

The tribunal found in favour of the claimant on all claims, awarding £13,099 comprising statutory redundancy pay, notice pay, holiday pay, unauthorised deductions from wages, pension contributions wrongly deducted, and compensation for failure to provide pay slips. This was effectively a default judgment as the respondent (in liquidation) did not participate.

Practical note

When an employer enters liquidation and fails to defend claims, tribunals will award all properly evidenced sums including statutory redundancy, contractual notice, wage shortfalls, and statutory penalties for pay slip failures.

Award breakdown

Notice pay£6,500
Holiday pay£597
Arrears of pay£1,210
Redundancy pay£1,994
Pension loss£804

Award equivalent: 26.2 weeks' gross pay

Case details

Case number
2407384/2024
Decision date
16 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Salary band
£25,000–£30,000
Service
4 years

Claimant representation

Represented
No