Cases6021513/2024

Claimant v Ingenia Resourcing & Recruitment Limited

17 March 2025Before Employment Judge HeatherNewcastleremote video

Outcome

Claimant succeeds£4,615

Individual claims

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay notice pay. The respondent did not attend to defend the claim.

Unlawful Deduction from Wagessucceeded

The tribunal determined the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on termination.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment.

Facts

The claimant was employed by a recruitment company and his employment ended, apparently by redundancy. The respondent failed to pay notice pay, accrued holiday pay, and statutory redundancy pay. The respondent did not attend or defend the proceedings.

Decision

The tribunal found in favour of the claimant on all three claims: breach of contract for notice pay, unauthorised deduction of wages for holiday pay, and entitlement to redundancy pay under section 163 ERA 1996. Total award was £4,615.39.

Practical note

Employers who fail to defend claims and do not pay basic contractual and statutory entitlements on termination will face default judgments awarding the full amounts due.

Award breakdown

Notice pay£2,000
Holiday pay£1,231
Redundancy pay£1,385

Legal authorities cited

Statutes

ERA 1996 s.163

Case details

Case number
6021513/2024
Decision date
17 March 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No