Cases6011588/2024

Claimant v Worldwide Berries Limited

12 February 2025Before Employment Judge RakhimLondon Southremote video

Outcome

Default judgment£13,103

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 1 June 2024 to 12 July 2024. The respondent did not attend to defend the claim and the tribunal was satisfied the claimant was entitled to the unpaid wages.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay notice pay. The respondent did not attend to defend the claim and the claimant was awarded damages for the breach in the amount of his notice period entitlement.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The respondent did not attend and the claimant established his entitlement to accrued holiday pay.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a redundancy payment. The respondent did not attend to contest the claim and the tribunal was satisfied the claimant met the eligibility requirements.

Facts

The claimant was employed by Worldwide Berries Limited until 12 July 2024. Following termination of his employment, the respondent failed to pay him wages for the period 1 June to 12 July 2024, failed to pay notice pay, and failed to pay for accrued but untaken holiday. The claimant also claimed a statutory redundancy payment. The respondent did not attend the hearing to defend the claims.

Decision

The tribunal found all four complaints well-founded in the respondent's absence. The claimant was awarded £4,262.82 in unpaid wages, £3,589.75 for notice pay, £1,884.62 for holiday pay, and £3,365.40 as a statutory redundancy payment, totalling £13,102.59.

Practical note

Where an employer fails to attend a hearing and fails to pay basic contractual and statutory entitlements including wages, notice, holiday pay and redundancy, the tribunal will make a default judgment in favour of the claimant for all sums properly due.

Award breakdown

Notice pay£3,590
Holiday pay£1,885
Redundancy pay£3,365
Unpaid wages£4,263

Legal authorities cited

Statutes

Employment Rights Act 1996 s.163

Case details

Case number
6011588/2024
Decision date
12 February 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
agriculture
Represented
No

Claimant representation

Represented
No