Claimant v Flixworks Ltd (in liquidation)
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages in the period 1 October 2023 to 15 June 2024. The respondent did not attend to defend the claim, and the tribunal was satisfied on the evidence that the complaint was well-founded.
The tribunal found that the respondent failed to pay the claimant in accordance with regulation 14(2) of the Working Time Regulations 1998. The respondent's non-attendance meant the claim was undefended, and the tribunal was satisfied that the complaint was well-founded.
The respondent had brought a contract claim against the claimant, which the tribunal found was not well-founded and dismissed.
Facts
The claimant was employed by Flixworks Ltd, which subsequently went into liquidation. The claimant brought claims for unauthorised deductions from wages covering the period 1 October 2023 to 15 June 2024, totalling £85,384.53, and for unpaid holiday pay of £2,769.23. The respondent also brought a contract claim against the claimant. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on both wage deduction and holiday pay claims, awarding a total of £88,153.76. The respondent's contract claim was dismissed. This was a default judgment heard on the papers with no attendance by the respondent company, which was in liquidation.
Practical note
Default judgments can result in substantial awards for unpaid wages and holiday pay, but enforcement against companies in liquidation may be problematic for claimants.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6011587/2024
- Decision date
- 14 February 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No