Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal found the respondent made unauthorised deductions from wages by failing to pay the claimant for work performed between 9 August and 30 August 2024.
The tribunal found the respondent failed to pay the claimant for 8 days of accrued but untaken holiday for the period between 1 January 2024 and the termination date of 30 August 2024.
The tribunal found the claimant was entitled to 12 weeks' statutory notice pay which had not been paid by the respondent.
The tribunal found the claimant was entitled to a statutory redundancy payment based on 20 years of service at the statutory weekly cap of £700.
Facts
The claimant was employed by Bentley Fencing Limited for approximately 20 years until his employment ended on 30 August 2024. The respondent failed to pay wages for the period 9-30 August 2024, did not pay for 8 days of accrued holiday, failed to pay 12 weeks' statutory notice, and did not pay statutory redundancy. The tribunal issued a default judgment on 14 March 2025 under rule 22 as the respondent did not participate.
Decision
The tribunal awarded the claimant £32,581.57 comprising unpaid wages (£1,800), holiday pay (£1,150.80), notice pay (£8,630.77), and statutory redundancy payment (£21,000). The respondent did not attend the remedy hearing.
Practical note
Default judgments under rule 21/22 can result in substantial awards where employers fail to engage with proceedings, particularly for long-serving employees entitled to maximum statutory redundancy payments.
Award breakdown
Case details
- Case number
- 1809338/2024
- 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
- No