Claimant v Baller's Brands Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages in the period 1 June 2024 to 30 September 2024. The respondent failed to attend or enter a response, and the claim succeeded by default.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant's contractual notice entitlement following dismissal for redundancy.
The respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken when her employment ended on 30 September 2024.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment following her dismissal for redundancy when the respondent ceased providing work.
Facts
Sian Smith was employed by Baller's Brands Limited until 30 September 2024 when she was dismissed for redundancy and the respondent ceased providing her with work. The respondent failed to pay her wages from June to September 2024, failed to pay notice pay, failed to pay accrued holiday pay, failed to make a statutory redundancy payment, and failed to provide written employment particulars. The respondent did not attend the hearing and had not entered a response.
Decision
The tribunal found all claims well-founded and awarded the claimant unpaid wages, notice pay, holiday pay, redundancy pay, a 25% ACAS Code uplift, and compensation for failure to provide written particulars. The total award was £13,440. The respondent's non-participation led to a default judgment in the claimant's favour.
Practical note
Default judgments can result in significant awards including ACAS Code uplifts and penalties for failing to provide written particulars, even where the underlying claims are relatively modest.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
Case details
- Case number
- 3201853/2024
- 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