Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant for the period 9 August to 30 August 2024. This was upheld in a default judgment issued under rule 22 on 14 March 2025.
The tribunal found that the respondent made an unauthorised deduction by failing to pay the claimant for 11 days of accrued but untaken holiday from the start of the holiday year on 1 January 2024 to the termination date of 30 August 2024.
The tribunal found that the respondent failed to provide the claimant with 12 weeks' statutory notice pay, constituting a breach of contract. The claimant was awarded gross notice pay calculated at 12 weeks multiplied by his weekly wage of £658.
The tribunal found that the claimant was entitled to a statutory redundancy payment based on 3 years of service at 0.5 weeks' pay per year, calculated using the statutory maximum weekly wage of £589.
Facts
The claimant was employed by Bentley Fencing Limited for approximately 3 years until his employment ended on 30 August 2024. The respondent failed to pay him wages for the period 9-30 August 2024, failed to pay for 11 days of accrued but untaken holiday, failed to provide 12 weeks' statutory notice pay, and failed to pay statutory redundancy. The respondent did not participate in the proceedings.
Decision
A default judgment was issued under rule 22 on 14 March 2025 upholding all of the claimant's complaints. At the remedy hearing on 4 April 2025, the tribunal awarded the claimant £1,560 in unpaid wages, £1,295.80 in holiday pay, £1,767 in notice pay, and £883.50 in statutory redundancy pay, totalling £5,506.30.
Practical note
When employers fail to participate in tribunal proceedings, default judgments will be issued against them, and all properly evidenced wage, notice, holiday and redundancy claims will be upheld.
Award breakdown
Case details
- Case number
- 1809341/2024
- Decision date
- 4 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep