Claimant v Heartlands Fryers Limited (in liquidation)

The respondent failed to present a response within the relevant time limit. Under Rule 22 of the Employment Tribunal Procedure Rules 2024, judgment was entered in default. The tribunal found the claim well-founded and awarded compensation based on 24 weeks of net pay plus loss of statutory rights.

The claim for wrongful dismissal was well-founded and succeeded. However, no additional award was made because the compensatory award for unfair dismissal already included compensation for lost earnings during what would have been the claimant's notice period.

The respondent made unauthorised deductions from the claimant's wages in respect of unpaid holiday pay in the period from 25 March 2017 until 24 March 2021. The tribunal awarded compensation for the maximum two-year period prior to the claim date as permitted by the Deduction from Wages (Limitation) Regulations 2014.

The complaint that the respondent failed to pay a contractual redundancy payment was well-founded. However, no compensation was awarded because the claimant's redundancy payment had already been settled in full by the Redundancy Payments Service (RPS).

The respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 from 25 March 2017 until 22 April 2021. The tribunal found this failure proved and awarded compensation under section 38 Employment Act 2002 for failure to provide written statement of employment particulars, awarding four weeks' gross pay.