Claimant v Recyclabox Limited
Outcome
Individual claims
The claim was upheld on a rule 21 default judgment on 17 October 2024 due to the respondent's failure to defend the claim. The tribunal awarded the claimant a statutory redundancy payment.
The claim for statutory annual leave was upheld on a rule 21 default judgment on 17 October 2024 due to the respondent's failure to defend. The tribunal awarded accrued but unpaid holiday pay.
The claim for notice pay was well-founded and upheld at the remedy hearing. The respondent failed to pay proper notice pay on termination and did not attend to defend the claim.
The claim for unpaid wages was well-founded and upheld at the remedy hearing. The respondent had failed to pay wages due to the claimant.
Withdrawn by claimant at the remedy hearing on 7 February 2025 and dismissed by the tribunal upon withdrawal.
Facts
Mr Thomas was employed by Recyclabox Limited and his employment was terminated, apparently by way of redundancy. The respondent made a payment of £1,022.90 to the claimant around 30 June 2024 but failed to pay full redundancy, notice pay, holiday pay and outstanding wages. The claimant brought claims for these sums plus unfair dismissal. The respondent failed to defend the claim.
Decision
A rule 21 default judgment was entered on 17 October 2024 upholding the claimant's claims for redundancy pay and holiday pay. At the remedy hearing on 7 February 2025, the tribunal also upheld claims for notice pay and unpaid wages. The claimant withdrew his unfair dismissal claim. The respondent was ordered to pay a total of £4,930.90 net comprising redundancy, notice, holiday and unpaid wages less the prior payment.
Practical note
Where a respondent fails to defend proceedings, tribunals will enter default judgment under rule 21 and award appropriate statutory payments at a remedy hearing, even in the respondent's absence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010635/2024
- Decision date
- 7 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- waste management
- Represented
- No
Claimant representation
- Represented
- No