Claimant v Taylor Made Burgers Barnsley Ltd
Outcome
Individual claims
The tribunal found the claimant was entitled to notice pay as she did work her notice period from 26 November to 3 December 2023 but was not paid for it. Her gross weekly wage was £500 for 2 weeks totaling £1,000.
The claimant was made redundant when the respondent ceased trading on 26 November 2023. With 2 years' service, age 28 (multiplier of 1), and weekly pay of £500, she was entitled to a statutory redundancy payment of £1,000.
The claimant worked a 40-hour week and had accrued 66.6 hours of untaken holiday pay. The tribunal calculated this as equivalent to one day's holiday pay at £100.
The tribunal dismissed this claim as the wages claimed were for the same period as the notice pay, which would have been a double claim for the same amount.
Facts
Ms Brown was employed by Taylor Made Burgers Barnsley Ltd from 6 October 2021 to 3 December 2023 on a weekly gross wage of £500. The respondent ceased trading on 26 November 2023, making the claimant redundant. She worked her notice period from home until 3 December 2023 but was not paid for it. She also had one day of accrued but untaken holiday. The respondent did not file a response or appear at the hearing.
Decision
The tribunal awarded the claimant £2,100 comprising: £1,000 notice pay for two weeks worked but unpaid, £1,000 statutory redundancy payment based on two years' service at age 28, and £100 for one day's holiday pay. The claim for unlawful deduction of wages was dismissed as it duplicated the notice pay claim.
Practical note
Default judgments can proceed on uncontested evidence where the respondent fails to participate, but tribunals will still ensure claimants do not double-claim for the same loss under different heads.
Award breakdown
Award equivalent: 4.2 weeks' gross pay
Case details
- Case number
- 6000785/2024
- Decision date
- 7 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
- Service
- 2 years
Claimant representation
- Represented
- No