Claimant v Darlington Delicatessen Limited
Outcome
Individual claims
The respondent failed to appear at the hearing. The tribunal found the claim for statutory redundancy pay well-founded based on the evidence presented by the claimant. The calculation was based on gross weekly earnings of £316.62 multiplied by 17 weeks (11 weeks at 1x weekly pay plus 4 weeks at 1.5x weekly pay).
The respondent failed to appear at the hearing. The tribunal found the claim for unpaid statutory notice pay well-founded. The claimant was awarded the net sum representing the notice pay owed to her.
Facts
Ms Beblowska was made redundant by Darlington Delicatessen Limited. The respondent failed to pay her statutory redundancy pay or statutory notice pay. The respondent did not appear at the hearing to defend the claims.
Decision
The tribunal found both claims well-founded in the absence of the respondent. The claimant was awarded statutory redundancy pay of £5,382.54 calculated based on her length of service and weekly gross pay of £316.62, plus net notice pay of £3,550.20.
Practical note
When an employer fails to appear at a tribunal hearing, the tribunal can make a default judgment awarding statutory redundancy pay and notice pay based on the claimant's uncontested evidence.
Award breakdown
Case details
- Case number
- 6019790/2024
- Decision date
- 27 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No