Cases2407380/2024

Claimant v MKDJLW1 Ltd

14 February 2025Before Employment Judge M AspinallLiverpoolin person

Outcome

Claimant succeeds£6,008

Individual claims

Redundancy Paysucceeded

The tribunal awarded statutory redundancy pay of £958 to the claimant. The respondent did not appear to contest the claim and the claimant was entitled to the payment.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from wages, comprising an underpayment of £687 in June and complete non-payment of £1,718 in July. The claimant succeeded in recovering these unpaid wages.

Breach of Contractsucceeded

The tribunal upheld the claimant's breach of contract claim for failure to make pension payments totalling £729 and failure to pay notice pay of £1,916. The respondent was in breach of its contractual obligations.

Facts

The claimant brought claims against his former employer, MKDJLW1 Limited, which was in creditors voluntary liquidation. The claims related to unpaid statutory redundancy pay, wage underpayments and non-payments for June and July, unpaid pension contributions, and notice pay. The respondent did not appear at the hearing to defend the claims.

Decision

The tribunal upheld all of the claimant's claims. The respondent was ordered to pay a total of £6,008 comprising statutory redundancy pay, wages unlawfully deducted, contractual pension payments, and notice pay. This was effectively a default judgment given the respondent's non-appearance.

Practical note

When an insolvent employer fails to defend claims for basic employment debts, tribunals will award statutory and contractual payments where the claimant provides sufficient evidence of entitlement.

Award breakdown

Notice pay£1,916
Arrears of pay£2,405
Redundancy pay£958
Pension loss£729

Case details

Case number
2407380/2024
Decision date
14 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No