Claimant v Philip's Wholesale Limited
Outcome
Individual claims
The tribunal found the claimant's complaint of breach of contract in relation to pay to be well-founded. The respondent did not attend to defend the claim. Damages were awarded calculated on gross pay.
The tribunal found the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The complaint was well-founded and holiday pay was awarded.
Facts
The claimant Mr Chance brought claims against his former employer Philip's Wholesale Limited for breach of contract relating to unpaid wages and unpaid holiday pay. The respondent did not attend the hearing to defend the claims. The tribunal heard evidence from the claimant in person.
Decision
The tribunal found both claims well-founded. The respondent was ordered to pay £4,320.00 in damages for breach of contract relating to unpaid wages and £1,155.00 for unpaid holiday pay under the Working Time Regulations, totalling £5,475.00 gross.
Practical note
When a respondent fails to attend a hearing, the tribunal can still proceed and find claims well-founded based on the claimant's evidence alone, particularly in straightforward unpaid wages and holiday pay cases.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007057/2024
- Decision date
- 19 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No