Claimant v John Cogley Butchers Limited
Outcome
Individual claims
The claimant was made redundant on 13 April 2024 and was entitled to a statutory redundancy payment. Respondent did not attend or respond, and tribunal found in claimant's favour in a default judgment.
The claimant was entitled to 9 weeks' statutory notice pay which was not provided by the respondent. The tribunal awarded the net value of unpaid notice in the absence of any response or attendance by the respondent.
The respondent failed to provide a written statement of terms and conditions following the TUPE transfer from Discount Foods 4 U Limited. The tribunal awarded two weeks' gross wages as compensation for this statutory breach under section 1 of the Employment Rights Act 1996.
Facts
The claimant was employed from 12 November 2014 by Price Freezers (St Helens) Limited, which changed its name to Discount Foods for U Limited. Her employment transferred to the respondent John Cogley Butchers Limited under TUPE on 8 July 2019. She was made redundant on 13 April 2024 at age 55. The respondent failed to respond to the claim and did not attend the hearing.
Decision
The tribunal awarded the claimant a redundancy payment of £6,177.87, wrongful dismissal damages of £3,677.58 for unpaid notice, and £913.24 for failure to provide written terms and conditions following the TUPE transfer. This was a default judgment as the respondent did not attend or respond.
Practical note
Default judgments are awarded where respondents fail to engage with tribunal proceedings, covering all statutory entitlements including TUPE-related obligations such as provision of written statements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007628/2024
- Decision date
- 13 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 9 years
Claimant representation
- Represented
- No