Claimant v Bentley Fencing Limited
Outcome
Individual claims
The respondent failed to pay the claimant wages for the period between 9 August and 30 August 2024, amounting to an unauthorised deduction of £1,800.00. The tribunal upheld this complaint in its judgment of 14 March 2025.
The respondent failed 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. This constituted an unauthorised deduction from wages.
The respondent failed to pay the claimant notice pay. The claimant was entitled to 12 weeks' statutory notice, which the respondent failed to provide or pay in lieu, amounting to £7,200.
The claimant was entitled to a statutory redundancy payment based on 20 years of service. The respondent failed to make this payment, and the tribunal ordered payment of £18,000.
Facts
The claimant was employed by Bentley Fencing Limited for 20 years, earning £600 per week. His employment ended on 30 August 2024. The respondent failed to pay wages for the final three weeks of employment, failed to pay for 11 days of accrued holiday, failed to pay 12 weeks' statutory notice, and failed to pay statutory redundancy. A default judgment was issued on 14 March 2025 when the respondent failed to respond.
Decision
The tribunal upheld all of the claimant's complaints in a default judgment under rule 22 on 14 March 2025. At the remedy hearing on 4 April 2025, at which the respondent did not attend, the tribunal ordered total payment of £28,320 comprising unpaid wages, holiday pay, notice pay, and statutory redundancy payment.
Practical note
Employers who fail to engage with tribunal proceedings face default judgments and substantial awards for basic employment rights breaches including unpaid wages, notice, holiday pay and redundancy.
Award breakdown
Award equivalent: 47.2 weeks' gross pay
Case details
- Case number
- 1809342/2024
- Decision date
- 4 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 20 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep