Claimant v Tool & Plant Hire Ltd
Outcome
Individual claims
The claimant was dismissed by reason of redundancy. The respondent failed to respond to the claim, and under Rule 21 a default judgment was entered in the claimant's favour for statutory redundancy payment.
The claimant was dismissed without being given the contractual notice period of 12 weeks. The respondent did not participate in the proceedings, and the tribunal awarded notice pay under Rule 21 default judgment.
Facts
Mr Railton was dismissed by reason of redundancy by Tool & Plant Hire Ltd. He was dismissed without being given his contractual notice period of 12 weeks. The respondent failed to respond to the claim or participate in the tribunal proceedings. The claimant's weekly gross pay was £510.
Decision
The tribunal issued a default judgment under Rule 21 as the respondent did not respond. The claimant was awarded statutory redundancy payment of £15,300 and wrongful dismissal damages representing 12 weeks' notice pay of £6,120, totalling £21,420.
Practical note
Failure to respond to tribunal proceedings results in default judgment under Rule 21, with the tribunal accepting the claimant's version of events and awarding remedies accordingly.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007179/2024
- Decision date
- 31 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No