Claimant v R Greaves Developments Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. The claimant was awarded the full amount of the deduction of £1,673.07.
The tribunal concluded that the respondent summarily dismissed the claimant in circumstances where he was not liable to be dismissed without notice. The claimant was entitled to notice pay equivalent to one week's gross pay.
The tribunal dismissed the claim for compensation for holiday accrued but untaken as at the date of termination because the claimant had exhausted his accrued holiday entitlement prior to the termination date.
The tribunal refused the claim for a redundancy payment as the claimant had insufficient qualifying service (less than two years) as at the date of termination.
Facts
Mr Ingham brought claims against R Greaves Developments Limited for unauthorised deductions from wages, wrongful dismissal, holiday pay, and redundancy pay. He had less than two years' service. The respondent was summarily dismissed and had made a deduction of £1,673.07 from his wages. The respondent did not attend the hearing and was not represented.
Decision
The tribunal found in favour of the claimant on his claims for unauthorised deduction of wages and wrongful dismissal, awarding £1,673.07 for the wage deduction and £557.69 for one week's notice pay. The claims for holiday pay and redundancy pay were dismissed as the claimant had exhausted his holiday entitlement and lacked sufficient service for redundancy.
Practical note
A respondent's failure to attend a hearing will typically result in default judgment on contract claims where the claimant can establish basic facts, but statutory claims like redundancy still require qualifying service regardless of respondent participation.
Award breakdown
Case details
- Case number
- 1809015/2023
- Decision date
- 2 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No