Claimant v Bentley Fencing Limited
Outcome
Individual claims
The tribunal found that the respondent had failed to pay the claimant wages for the period between 9 August and 30 August 2024, amounting to an unauthorised deduction from wages. The respondent did not attend to contest the claim.
The tribunal determined that the respondent made an unauthorised deduction by failing to pay the claimant for 11 days of holiday accrued but not taken between 1 January 2024 and the termination date of 30 August 2024. The respondent did not attend to contest the claim.
The tribunal found the respondent failed to provide the claimant with proper notice pay. The claimant was entitled to 12 weeks' statutory notice which was not paid. The respondent did not attend to contest the claim.
The tribunal determined the claimant was entitled to statutory redundancy payment based on 20 years of service. The respondent did not attend to contest the claim, and this was part of the default judgment issued on 14 March 2025.
Facts
Mr Partlow was employed by Bentley Fencing Limited for approximately 20 years, earning £497 per week. His employment ended on 30 August 2024. The respondent failed to pay wages for the period 9-30 August 2024, failed to pay accrued but untaken holiday pay, failed to provide 12 weeks' statutory notice pay, and failed to pay statutory redundancy. The respondent did not participate in proceedings.
Decision
The tribunal issued a default judgment under rule 22 on 14 March 2025, finding in favor of the claimant on all claims. At the remedy hearing on 4 April 2025, the tribunal ordered payment totaling £23,347.40 comprising unpaid wages, holiday pay, notice pay, and statutory redundancy based on 20 years' service.
Practical note
Where a respondent fails to engage with tribunal proceedings, the tribunal can issue a default judgment under rule 22 and will award all sums properly due to the claimant including statutory redundancy based on length of service.
Award breakdown
Case details
- Case number
- 1809343/2024
- 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