Cases3200004/2025

Claimant v Baller's Brands Limited

19 March 2025Before Employment Judge C LewisEast London

Outcome

Claimant succeeds£11,451

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from wages during the period 1 June 2024 to 30 September 2024. The respondent failed to attend or enter a response, and the claim was proven on the evidence presented by the claimant.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to provide the claimant with proper notice pay upon termination of employment.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction by failing to pay the claimant for holidays accrued but not taken on the date employment ended, in breach of the Working Time Regulations.

Redundancy Paysucceeded

The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was dismissed for redundancy when the respondent ceased providing work on 30 September 2024, and was entitled to a statutory redundancy payment.

Facts

Mrs Cripps was employed by Baller's Brands Limited until 30 September 2024 when the respondent ceased providing her with work and dismissed her for redundancy. The respondent failed to pay her wages from 1 June 2024 onwards, failed to provide notice pay or holiday pay, and failed to provide written employment particulars. The respondent did not attend the tribunal hearing and had not entered a response to the claim.

Decision

The tribunal found all claims well-founded and awarded a total of £11,450.63 comprising unpaid wages, notice pay, holiday pay, redundancy payment, a 25% ACAS uplift for failure to follow grievance procedures, and an award for failure to provide written employment particulars. This was a default judgment given the respondent's non-participation.

Practical note

Employers who fail to engage with tribunal proceedings face default judgments, and those who fail to follow basic employment obligations including providing contracts, paying wages, and following ACAS procedures will face substantial awards including uplifts of up to 25%.

Award breakdown

Compensatory award£2,038
Notice pay£1,260
Holiday pay£338
Redundancy pay£1,890
Unpaid wages£4,665

Adjustments

ACAS uplift+25%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

ERA 1996 s.163Trade Union & Labour Relations (Consolidation) Act 1992 s.207AEmployment Act 2002 s.38

Case details

Case number
3200004/2025
Decision date
19 March 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No