Cases8000035/2025

Claimant v Renfrew Transport Services Ltd

13 February 2025Before Employment Judge L DohertyScotlandon papers

Outcome

Default judgment£11,420

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in respect of statutory sick pay for the week commencing 2 December 2024, which was not paid to the claimant.

Wrongful Dismissalsucceeded

The tribunal found the claimant was dismissed in breach of contract in respect of notice. The claimant was entitled to 7 weeks' notice which was not worked or paid by the respondent.

Redundancy Paysucceeded

The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment calculated at 10.5 weeks' pay, which had not been paid by the respondent.

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's accrued but untaken holiday entitlement of 7.5 days upon termination of employment.

Facts

The claimant Mr Dyer was employed by Renfrew Transport Services Ltd and was dismissed by reason of redundancy. The respondent failed to present a response to the claim. The claimant was entitled to statutory sick pay for the week commencing 2 December 2024, 7 weeks' notice pay, a statutory redundancy payment, and payment for 7.5 days of accrued untaken holiday. The respondent failed to pay any of these sums.

Decision

The tribunal issued a default judgment under Rule 22 in favour of the claimant for all claims. The respondent was ordered to pay statutory sick pay, notice pay, redundancy pay, and holiday pay totalling £11,419.50 gross because no response had been presented to defend the claims.

Practical note

Where a respondent fails to present a response, a tribunal may issue a default judgment under Rule 22 awarding all properly quantified contractual and statutory payments without a hearing.

Award breakdown

Notice pay£4,164
Holiday pay£892
Arrears of pay£117
Redundancy pay£6,246

Case details

Case number
8000035/2025
Decision date
13 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
transport
Represented
No

Employment details

Claimant representation

Represented
No