Claimant v Blackmore-Esslinger Construction Group Limited
Outcome
Individual claims
The tribunal found that the respondent unfairly dismissed the claimant. The respondent did not attend the hearing to defend the claim, and the tribunal was satisfied on the evidence presented that the dismissal was unfair.
The tribunal found the claim for a redundancy payment was well-founded. The claimant was entitled to a statutory redundancy payment which the respondent had failed to pay.
The claim for notice pay was well-founded. The tribunal awarded notice pay after giving credit for money already paid to the claimant on 3 April 2024, finding the respondent had failed to pay the full contractual notice period.
Facts
The claimant was dismissed by the respondent construction company. The respondent made a partial payment to the claimant on 3 April 2024 but failed to pay the full amounts owed for notice pay and redundancy. The respondent did not attend the tribunal hearing to defend the claims.
Decision
The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay £1,759.14 for redundancy pay and £2,190 for notice pay (after crediting the April payment), totaling £3,949.14. No separate basic or compensatory award was made for unfair dismissal as the claimant's losses were covered by the notice pay award.
Practical note
When a respondent fails to attend a hearing, the tribunal can find in favour of the claimant based on the evidence presented, and may avoid duplicating awards by recognizing that notice pay covers the compensatory losses from unfair dismissal.
Award breakdown
Case details
- Case number
- 6002250/2024
- Decision date
- 13 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No