Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant wages for the period between 9 August and 30 August 2024, constituting an unauthorised deduction from wages. The claimant was awarded £1,974.00 for this unpaid period.
The tribunal found that the respondent made an unauthorised deduction by failing to pay for 12 days of holiday accrued but not taken between the start of the holiday year on 1 January 2024 and the termination date of 30 August 2024.
The tribunal found the claimant was entitled to notice pay. The respondent failed to provide 12 weeks' statutory notice or payment in lieu, and the claimant was awarded gross notice pay of £7,896.00.
The tribunal found the claimant was entitled to a statutory redundancy payment based on 20 years of service at 1.5 weeks' pay per year of service, calculated at £658 per week.
Facts
Mr Underwood worked for Bentley Fencing Limited for 20 years until his employment ended on 30 August 2024. The respondent failed to pay him for his final weeks of work, failed to pay accrued holiday entitlement, failed to provide notice or payment in lieu, and failed to pay his statutory redundancy entitlement. The respondent did not participate in the tribunal proceedings.
Decision
The tribunal issued a default judgment under rule 21 on 14 March 2025, upholding the claimant's complaints. At the remedy hearing, the tribunal awarded the claimant a total of £31,189.20 comprising unpaid wages, holiday pay, notice pay, and statutory redundancy payment based on 20 years of service.
Practical note
Non-participation by a respondent in tribunal proceedings will result in a default judgment, and employees with long service are entitled to substantial statutory redundancy payments and notice pay when their employment ends.
Award breakdown
Award equivalent: 47.4 weeks' gross pay
Case details
- Case number
- 1809340/2024
- 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