Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for unpaid wages between 9 August and 30 August 2024 in the amount of £630.00.
The tribunal found the respondent made an unauthorised deduction by failing to pay for 7 days of accrued but untaken holiday for the period from 1 January 2024 to the termination date of 30 August 2024, calculated at £70 per day.
The tribunal found the respondent failed to pay statutory notice pay and awarded the claimant 10 weeks' notice pay at £210 per week, reflecting her entitlement based on length of service.
The tribunal found the claimant was entitled to a statutory redundancy payment based on 10 years of service, calculated at 1.5 weeks' pay per year at £210 per week.
Facts
Mrs Sargent was employed by Bentley Fencing Limited for 10 years at a weekly pay rate of £210. Her employment ended on 30 August 2024, apparently by reason of redundancy. The respondent failed to pay her final wages from 9 August 2024, accrued holiday pay, statutory notice pay, and statutory redundancy pay. The respondent did not attend the remedy hearing and a default judgment under rule 22 had been issued on 14 March 2025.
Decision
The tribunal awarded the claimant a total of £6,370 comprising unpaid wages (£630), holiday pay (£490), notice pay (£2,100), and statutory redundancy pay (£3,150). The respondent did not attend and liability had been established in the default judgment dated 14 March 2025.
Practical note
When an employer fails to engage with tribunal proceedings and liability is established by default judgment, the remedy hearing will proceed to calculate statutory entitlements based on the employee's weekly pay and length of service.
Award breakdown
Case details
- Case number
- 1809344/2024
- Decision date
- 4 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 10 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep