Claimant v Lincoln Leisure Vehicles Limited
Outcome
Individual claims
Tribunal determined under section 163 of the Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. The respondent did not attend to contest the claim and the tribunal accepted the claimant's case as proven.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant notice pay to which he was entitled, and did not attend the hearing to defend the claim. The tribunal awarded 7 weeks notice pay.
Facts
The claimant was employed by Lincoln Leisure Vehicles Limited and was made redundant. He was entitled to 7 weeks notice pay. The respondent failed to pay the claimant his statutory redundancy payment or his notice pay. The claimant brought claims for both, which were initially out of time, but the tribunal extended the time limits. The respondent did not respond to the claim or attend the hearing.
Decision
The tribunal found in favour of the claimant on both claims as the respondent failed to attend. The tribunal awarded statutory redundancy pay of £6,751.50 and notice pay of £2,950.60 (representing 7 weeks gross pay calculated as Post Employment Notice Pay). Time limits were extended as it was just and equitable to do so for redundancy pay, and it was not reasonably practicable to present the notice pay claim in time.
Practical note
Where a respondent fails to engage with tribunal proceedings entirely, a default judgment will be entered in the claimant's favour for well-founded claims, with time limits potentially extended where appropriate tests are met.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014789/2024
- Decision date
- 17 March 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
Claimant representation
- Represented
- No