Cases8000133/2025

Claimant v Makar Marketing Limited

20 March 2025Before Employment Judge J M HendryScotlandon papers

Outcome

Default judgment£4,388

Individual claims

Redundancy Paysucceeded

Claimant was dismissed by reason of redundancy. Respondent failed to file a response. Tribunal awarded statutory redundancy payment calculated on the basis of 6 weeks x 37.5 hours per week x £13.00 per hour under Rule 22.

Holiday Paysucceeded

Respondent failed to pay claimant's accrued holiday entitlement on termination. Respondent failed to file a response. Tribunal awarded one week's gross pay (37.5 hours x £13 per hour) for unpaid holiday under Rule 22.

Breach of Contractsucceeded

Claimant was entitled to six weeks' notice pay totalling £3,087.50 but only received £2,112.50. Respondent failed to file a response. Tribunal awarded the balance of £975.00 under Rule 22.

Facts

Mr Haymer was employed by Makar Marketing Limited at an hourly rate of £13.00, working 37.5 hours per week. He was dismissed by reason of redundancy with six weeks' notice entitlement. The respondent paid £2,112.50 in lieu of notice but failed to pay the full notice entitlement, accrued holiday pay, or statutory redundancy payment. The respondent failed to file a response to the claim.

Decision

The tribunal issued a default judgment under Rule 22 of the Employment Tribunal Procedure Rules 2024 awarding the claimant £2,925.00 statutory redundancy payment, £487.50 holiday pay, and £975.00 balance of notice pay, totalling £4,387.50 gross. The respondent was permitted to deduct appropriate tax and national insurance before payment.

Practical note

Employers who fail to respond to tribunal claims face default judgments awarding claimants their statutory entitlements including redundancy pay, accrued holiday pay, and full notice pay based on the available evidence.

Award breakdown

Notice pay£975
Holiday pay£488
Redundancy pay£2,925

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 22

Case details

Case number
8000133/2025
Decision date
20 March 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
professional services
Represented
No

Employment details

Claimant representation

Represented
No