Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal upheld the claimant's complaint for unauthorised deduction from wages for unpaid wages between 9 August and 30 August 2024. The respondent failed to pay wages due for this period, constituting an unlawful deduction.
The tribunal found the respondent made an unauthorised deduction by failing to pay for 14 days of holiday accrued but not taken for the period between the start of the holiday year on 1 January 2024 and the termination date of 30 August 2024.
The tribunal awarded statutory notice pay for 12 weeks, indicating the respondent failed to provide proper notice or pay in lieu of notice upon termination of employment.
The tribunal awarded statutory redundancy payment based on 20 years of service, indicating the claimant was made redundant and entitled to statutory redundancy pay which the respondent failed to provide.
Facts
The claimant worked for Bentley Fencing Limited for 20 years earning £497 per week. His employment ended on 30 August 2024. The respondent failed to pay wages between 9-30 August 2024, failed to pay accrued holiday pay for 14 days, failed to provide notice or pay in lieu, and failed to pay statutory redundancy. A default judgment was issued on 14 March 2025 under rule 22 as the respondent did not participate. This remedy hearing determined the amounts due.
Decision
The tribunal awarded £23,645.60 comprising unpaid wages (£1,380), holiday pay (£1,391.60), notice pay (£5,964), and statutory redundancy pay (£14,910). The respondent did not attend and the judgment was made in default based on the claimant's evidence and calculations.
Practical note
Employers who fail to engage with tribunal proceedings risk default judgments for the full amounts claimed including statutory entitlements for long-serving employees.
Award breakdown
Case details
- Case number
- 1809345/2024
- Decision date
- 4 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 20 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep