Cases6020281/2024

Claimant v Darlington Delicatessen Limited

15 April 2025Before Employment Judge O'DempseyNewcastle Upon Tyneremote video

Outcome

Claimant succeeds£4,243

Individual claims

Breach of Contractsucceeded

The tribunal ordered that the respondent pay the claimant 7 weeks' notice pay totalling £1954.96, indicating the claim for breach of contract in respect of notice pay succeeded. The respondent did not enter an appearance to defend the claim.

Redundancy Paysucceeded

The claimant's application to amend to include a claim for redundancy payment was granted and the tribunal ordered the respondent to pay £2288.00 in statutory redundancy pay. This indicates the claimant was entitled to a redundancy payment which the respondent had failed to pay.

Facts

The claimant was employed by Darlington Delicatessen Ltd and her employment ended in circumstances that entitled her to 7 weeks' notice pay and a statutory redundancy payment. The claimant applied to amend her claim to include redundancy pay. The respondent did not enter an appearance at the hearing conducted by video.

Decision

The tribunal granted the claimant's application to amend and ordered the respondent to pay £1954.96 in notice pay for breach of contract and £2288.00 in statutory redundancy pay, totalling £4242.96. The respondent's failure to appear meant the claims were determined in the claimant's favour.

Practical note

Where a respondent fails to enter an appearance, a tribunal can make a default judgment in favour of a claimant who demonstrates entitlement to notice pay and statutory redundancy.

Award breakdown

Notice pay£1,955
Redundancy pay£2,288

Case details

Case number
6020281/2024
Decision date
15 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
No

Employment details

Claimant representation

Represented
No