Claimant v Sole Biz Limited (in creditors' voluntary liquidation)
Outcome
Individual claims
The respondent failed to pay the claimant's full wages for June 2024 (short-paid by £806.52) and failed to pay any wages for July 2024 (£114.40 owed). As the respondent did not defend the claim, the tribunal found the complaint well-founded.
The claimant was dismissed without proper notice. The tribunal calculated damages based on the claimant's contractual notice entitlement, awarding £1,098.24 gross representing approximately 6 weeks' notice pay at £183.04 per week.
The claimant was dismissed by reason of redundancy and entitled to statutory redundancy payment. The tribunal calculated 9 years of service at 1.5 weeks' pay per year (being aged 41+), totaling £1,647.36, less £1,372.80 already received from the Insolvency Service, leaving £274.56 outstanding.
The respondent failed to pay the claimant's accrued but untaken annual leave entitlement on termination. The tribunal calculated 29.35 hours at £11.44 per hour (£335.66), less £317.27 already received from the Insolvency Service, leaving £18.49 owed.
Facts
The claimant was employed by Sole Biz Limited and dismissed by reason of redundancy in July 2024 after approximately 6 years of service. The respondent, which entered creditors' voluntary liquidation, failed to pay the claimant's full wages for June 2024, any wages for July 2024, proper notice pay, and full holiday pay entitlement. The Insolvency Service made partial payments to the claimant for redundancy and holiday pay. The respondent failed to defend the claims.
Decision
The tribunal issued a default judgment under Rule 22 as the respondent failed to present a valid response. All claims succeeded. The tribunal awarded £920.92 for unpaid wages, £1,098.24 for notice pay, £274.56 for outstanding redundancy payment, and £18.49 for outstanding holiday pay, totaling £2,312.21 gross.
Practical note
When an insolvent employer fails to defend claims, tribunals will grant default judgments for straightforward statutory entitlements, but claimants must account for any payments already received from the Insolvency Service to avoid double recovery.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007046/2024
- Decision date
- 8 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 6 years
Claimant representation
- Represented
- No