Cases3307807/2023

Claimant v Thoughtstream Consulting Ltd

4 December 2024Before Employment Judge Grahame AndersonWatfordremote video

Outcome

Default judgment£16,553

Individual claims

Unfair Dismissalsucceeded

The respondent did not appear at the hearing. The tribunal found the complaint of unfair dismissal well-founded and determined the claimant was unfairly dismissed. A compensatory award was made reflecting loss suffered by the claimant.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a redundancy payment. The dismissal appears to have been for redundancy and the statutory payment was calculated and awarded.

Holiday Paysucceeded

The complaint regarding holiday pay was well-founded. The tribunal found the respondent made an unauthorised deduction from wages, was in breach of contract, and failed to pay for accrued but untaken holiday entitlement on termination in accordance with the Working Time Regulations 1998.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages in respect of holiday pay entitlement that should have been paid on termination of employment.

Breach of Contractsucceeded

The tribunal found the respondent was in breach of contract for failing to pay holiday pay entitlement due to the claimant on termination of employment.

Facts

The claimant was employed by Thoughtstream Consulting Ltd until 1 May 2023. The employment ended, apparently by reason of redundancy. The claimant brought claims for unfair dismissal, redundancy payment, and holiday pay. The respondent did not appear at the hearing held remotely on 26 November 2024.

Decision

The tribunal found all claims well-founded as the respondent did not attend. The claimant was awarded a statutory redundancy payment of £5,192.28, a compensatory award for unfair dismissal of £10,206.99, and holiday pay of £1,153.84. The basic award was reduced to nil to avoid double recovery with the redundancy payment. Recoupment provisions apply to the compensatory award.

Practical note

Where a respondent fails to appear, a tribunal may enter default judgment for the claimant on properly pleaded claims, awarding statutory payments and compensation for unfair dismissal without contested evidence.

Award breakdown

Compensatory award£10,207
Holiday pay£1,154
Redundancy pay£5,192

Legal authorities cited

Statutes

ERA 1996 s.163ERA 1996 s.122(4)Working Time Regulations 1998 reg.14(2)Working Time Regulations 1998 reg.16(1)Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
3307807/2023
Decision date
4 December 2024
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No