Cases1809346/2024

Claimant v Bentley Fencing Limited

4 April 2025Before Employment Judge TegerdineSheffieldremote video

Outcome

Default judgment£26,656

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to pay the claimant wages for the period between 9 August and 30 August 2024. The tribunal found this constituted an unauthorised deduction from wages and awarded the claimant £1,680 in unpaid wages.

Holiday Paysucceeded

The respondent made an unauthorised deduction by failing to pay for 13 days of accrued but untaken holiday from 1 January 2024 to termination on 30 August 2024. The tribunal calculated this at £112 per day for a total of £1,456.

Wrongful Dismissalsucceeded

The respondent failed to provide the claimant with his statutory 12 weeks' notice. The tribunal awarded notice pay calculated as 12 weeks at £560 per week, totaling £6,720.

Redundancy Paysucceeded

The claimant was entitled to a statutory redundancy payment after 20 years of service. The tribunal calculated this as 20 years x 1.5 weeks x £560 per week, awarding £16,800 (corrected from the claimant's miscalculated figure of £18,660).

Facts

The claimant, Mr Wootton, worked for Bentley Fencing Limited for 20 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 accrued holiday pay, failed to provide 12 weeks' statutory notice, and failed to pay statutory redundancy payment. A default judgment was issued on 14 March 2025 under rule 22 when the respondent did not participate.

Decision

The tribunal upheld all of the claimant's complaints in a default judgment and awarded total compensation of £26,656. This comprised unpaid wages (£1,680), holiday pay (£1,456), notice pay (£6,720), and redundancy pay (£16,800, corrected from the claimant's miscalculation).

Practical note

Employers who fail to engage with tribunal proceedings face default judgments covering all statutory entitlements including unpaid wages, holiday pay, notice pay and redundancy payments calculated on length of service.

Award breakdown

Notice pay£6,720
Holiday pay£1,456
Redundancy pay£16,800
Unpaid wages£1,680

Case details

Case number
1809346/2024
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