Cases6014923/2024

Claimant v MKDJLW1 Ltd

26 February 2025Before Employment Judge G SmartLondon Centralon papers

Outcome

Claimant succeeds£32,968

Individual claims

Unlawful Deduction from Wagessucceeded

Tribunal found respondent failed to pay wages of £6,725.36 gross in breach of s13 Employment Rights Act 1996. Default judgment granted as respondent failed to present ET3 response.

Breach of Contractsucceeded

Tribunal awarded 3 months' notice pay of £8,374.98 gross for breach of contract at common law. Claimant entitled to 12 weeks' notice based on 8 years service. Default judgment granted.

Breach of Contractsucceeded

Tribunal found respondent failed to pay 8 months' pension contributions totalling £1,866.64 gross in breach of contract. Default judgment granted.

Redundancy Paysucceeded

Claimant's resignation on 16 September 2024 amounted to constructive dismissal by reason of redundancy under s136(1)(c) ERA 1996. Redundancy payment of £5,144.00 awarded (8 years x £643 weekly cap x multiplier of 1).

Othersucceeded

Respondent failed to provide section 1 statement of terms and conditions. Award of 4 weeks' pay (£2,576.92) made under s38 Employment Act 2002. Default judgment granted.

Holiday Paysucceeded

Tribunal found breach of Regulation 14 Working Time Regulations 1998. Award of £1,288.46 gross for 10 days' accrued but untaken and unpaid annual leave. Default judgment granted.

Othersucceeded

Guarantee payment of £190 awarded for 3 month period where no work was provided on normal working days in accordance with s28 Employment Rights Act 1996. Default judgment granted.

Othersucceeded

Respondent failed to provide pay statements in breach of s8 ERA 1996. Award of £6,802.01 for aggregate of unnotified deductions (wages, guarantee payment, annual leave) for 13 week period prior to termination. Default judgment granted.

Facts

Mr Cooper had 8 years' continuous service with the respondent following a TUPE transfer in March 2024. He resigned with immediate effect on 16 September 2024, which amounted to constructive dismissal by reason of redundancy. The respondent failed to pay wages, pension contributions, holiday pay, and provide work or proper documentation. The respondent did not file an ET3 response to the claim.

Decision

The tribunal issued a default judgment under Rule 22, finding all claims succeeded. The respondent was ordered to pay a total of £32,968.37 comprising unlawful deductions from wages, notice pay, pension arrears, redundancy pay, holiday pay, guarantee payments, and awards for failure to provide statutory statements and pay statements.

Practical note

Default judgments can result in substantial awards where respondents fail to engage with tribunal proceedings, particularly where multiple statutory breaches are identified including failure to provide basic contractual and statutory entitlements.

Award breakdown

Notice pay£8,375
Holiday pay£1,288
Arrears of pay£6,725
Redundancy pay£5,144
Pension loss£1,867

Legal authorities cited

Statutes

ERA 1996 s.8ERA 1996 s.13Working Time Regulations 1998 reg.14Employment Act 2002 s.38ERA 1996 s.136(1)(c)ERA 1996 s.28

Case details

Case number
6014923/2024
Decision date
26 February 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Service
8 years

Claimant representation

Represented
No