Claimant v Terrence Andrew Ltd
Outcome
Individual claims
The respondent did not file a response or attend the hearing. The tribunal proceeded under rule 47 and found the complaint of unfair dismissal pursuant to section 98 of the Employment Rights Act 1996 was well-founded. The claimant was unfairly dismissed by the respondent with no reduction for contributory conduct.
The tribunal found the complaint well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.
The tribunal found 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.
Facts
The claimant was employed for 6 complete years on a gross weekly salary of £602.87. The claimant was aged 33-39 during this period. The respondent dismissed the claimant and failed to pay notice pay or accrued but untaken holiday pay. Neither party attended the final hearing despite proper notification, though the claimant had submitted a schedule of loss and evidence by 7 March 2025. The respondent had failed to file a response to the claim.
Decision
The tribunal proceeded in the absence of both parties under rule 47 and found all three claims well-founded. The claimant was awarded a basic award for unfair dismissal, notice pay and holiday pay totalling £8,969.94. No reduction was made for contributory conduct.
Practical note
Default judgments can be obtained where a respondent fails to engage with proceedings, even when the claimant also fails to attend the final hearing.
Award breakdown
Award equivalent: 14.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6014401/2024
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 6 years
Claimant representation
- Represented
- No