Claimant v Renfrew Transport Services Ltd
Outcome
Individual claims
The respondent ceased trading on 8 December 2024 and the claimant's employment was redundant. The respondent failed to pay the statutory redundancy payment to which the claimant was entitled based on 14 years' continuous service.
On termination of employment, the respondent did not pay the claimant his wages that were due, constituting an unauthorised deduction from wages.
The claimant received no notice or payment in lieu of notice on termination. He was entitled to 12 weeks' notice and had not found alternative employment, so was awarded damages for the full notice period.
While redundancy is a potentially fair reason for dismissal, the respondent followed no procedure whatsoever before dismissing the claimant, rendering the dismissal procedurally unfair.
Facts
The claimant worked for Renfrew Transport Services Ltd for 14 years until the company ceased trading on 8 December 2024. The respondent made him redundant without following any procedure, failed to pay his final wages, and did not pay him his statutory redundancy payment or any notice pay. The claimant was 66 years old at termination and entitled to 12 weeks' notice. The respondent failed to file a response to the claim.
Decision
The tribunal determined the case on the papers under Rule 22 after the respondent failed to respond. All four claims succeeded: the claimant was awarded £9,609.60 statutory redundancy payment, £640.64 in unpaid wages, £4,968 for breach of contract (notice pay), and £350 for loss of statutory rights following unfair dismissal. The basic award for unfair dismissal was offset against the redundancy payment.
Practical note
Default judgments under Rule 21/22 allow tribunals to make comprehensive awards covering all heads of claim where employers fail to respond, though basic awards for unfair dismissal will be offset against redundancy payments to avoid double recovery.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8000057/2025
- Decision date
- 27 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 14 years
Claimant representation
- Represented
- No