Cases8000085/2025

Claimant v Renfrew Transport Services Ltd

12 February 2025Before Employment Judge M RobisonScotlandon papers

Outcome

Default judgment£22,388

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from wages totaling £537.68 for 47 hours of unpaid work. As no response was presented, judgment was issued on available material under rule 22.

Wrongful Dismissalsucceeded

The claimant was dismissed in breach of contract in respect of notice entitlement. The tribunal awarded damages of £8,008.00 representing 14 weeks notice at £572 per week, as the respondent failed to provide proper notice.

Redundancy Paysucceeded

The tribunal found the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The award of £12,012.00 represents 21 weeks at £572 per week based on the claimant's length of service and age.

Holiday Paysucceeded

The respondent failed to pay the claimant's accrued but untaken holiday entitlement on termination. The tribunal ordered payment of £1,830.40 representing 16 days of unpaid holiday.

Facts

Mr Fairley was employed by Renfrew Transport Services Ltd, a transport company, at a weekly wage of £572. He was dismissed by reason of redundancy. The respondent failed to pay him for 47 hours of work, failed to provide 14 weeks notice or payment in lieu, failed to pay statutory redundancy pay, and failed to pay 16 days of accrued holiday. The respondent did not submit a response to the claim.

Decision

The tribunal issued a default judgment under rule 22 of the Employment Tribunal Procedure Rules 2024 as no response had been presented. The tribunal found in favor of the claimant on all claims, awarding a total of £22,388.08 comprising unpaid wages, notice pay, redundancy pay, and holiday pay.

Practical note

When an employer fails to respond to tribunal proceedings, the tribunal can issue judgment on the available material awarding all contractual and statutory entitlements due on termination.

Award breakdown

Notice pay£8,008
Holiday pay£1,830
Redundancy pay£12,012
Unpaid wages£538

Case details

Case number
8000085/2025
Decision date
12 February 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
transport
Represented
No

Employment details

Claimant representation

Represented
No