Claimant v Amani Distribution Ltd
Outcome
Individual claims
The respondent failed to present a valid response on time. The tribunal found the complaint of breach of contract in relation to notice pay well-founded and awarded damages calculated using gross pay to reflect the possibility of taxation as Post Employment Notice Pay.
The claimant was dismissed by reason of redundancy. The respondent failed to respond to the claim. The tribunal determined the claimant was entitled to a statutory redundancy payment.
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken on the date employment ended. The complaint was well-founded.
Facts
The claimant K McInnes brought claims against Amani Distribution Ltd for breach of contract (notice pay), statutory redundancy payment, and holiday pay. The respondent failed to present a valid response within the required time period. The employment judge made a determination on the papers under Rule 22 of the Employment Tribunals Rules of Procedure 2024.
Decision
The tribunal found all three claims well-founded and made a default judgment in favour of the claimant. The respondent was ordered to pay £2,060.68 for notice pay, £3,091.02 for statutory redundancy, and £515.17 for unpaid holiday pay, totalling £5,666.87.
Practical note
Where a respondent fails to enter a response, tribunals can make default judgments on the papers awarding statutory entitlements including notice pay calculated on a grossed-up basis, redundancy payments, and accrued holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2404875/2024
- Decision date
- 18 February 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No