Cases1809341/2024

Claimant v Bentley Fencing Limited

4 April 2025Before Employment Judge TegerdineSheffieldremote video

Outcome

Default judgment£5,506

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Holiday Paysucceeded

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.

Breach of Contractsucceeded

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.

Redundancy Paysucceeded

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

Notice pay£1,767
Holiday pay£1,296
Redundancy pay£884
Unpaid wages£1,560

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