Claimant v Grafik Limited (in Liquidation)
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages for the period 1st to 6th November 2023, amounting to £827.08 gross.
The claimant was wrongfully dismissed. The claimant had not committed gross misconduct and was contractually entitled to 1 month's notice of termination which was not provided.
The respondent failed to pay the claimant for 10 days' holiday accrued but not taken on the date the claimant's employment ended, constituting an unauthorised deduction from wages.
The claimant did not have sufficient continuous service to be able to present a complaint of unfair dismissal under the Employment Rights Act 1996.
Facts
The claimant was employed by Grafik Limited earning £3,584 gross per month. His employment ended on 6 November 2023. The respondent company was placed in liquidation on 3 April 2024. The claimant filed his claim on 21 March 2024 but the respondent failed to file a response within the requisite time limit.
Decision
The tribunal issued a Rule 22 default judgment. The claimant succeeded in claims for unpaid wages (£827.08), wrongful dismissal/notice pay (£3,584), and holiday pay (£1,654.16), totaling £6,065.24. The unfair dismissal claim failed due to insufficient continuous service. The tribunal noted the claimant may need to claim from the National Insurance Fund given the respondent's insolvency.
Practical note
Rule 21/22 default judgments can succeed on contractual claims even where the respondent is insolvent, but claimants without qualifying service cannot pursue unfair dismissal claims and may need to seek recovery through the National Insurance Fund.
Award breakdown
Award equivalent: 7.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3200213/2024
- Decision date
- 25 February 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- No