Claimant v Bakaruda Limited
Outcome
Individual claims
The claimant's claim for statutory redundancy payment was dismissed by consent, indicating the claimant withdrew this element of the claim.
The tribunal found that the respondent unlawfully deducted salary due but unpaid for June and July 2023, totalling £9,106.66. The respondent failed to pay the claimant's monthly salary of £4,553.33 for each of these two months.
The claimant succeeded in his notice pay claim. As Commercial Director entitled to 12 weeks' notice, he was awarded damages for one month's salary (£4,553.33) representing the loss between 31 July 2024 and 1 September 2023 when his contract could have been lawfully terminated.
The claimant was entitled to payment for 9.5 days of accrued but untaken holiday (having accrued 14.5 days by dismissal date and taken 5 days). The tribunal awarded £2,009.61 representing 1.9 weeks' pay based on the contractual entitlement to payment in lieu.
Facts
Mr Barandino was employed as Commercial Director by Bakaruda Limited on an annual salary of £55,000 with a 12-week notice period. He was dismissed on 31 July 2023. The respondent failed to pay his salary for June and July 2023, failed to pay notice pay, failed to pay £400 for additional work done in August 2023, and failed to pay for 9.5 days of accrued but untaken holiday. The respondent failed to file a response to the claim.
Decision
The tribunal entered a default judgment under Rule 21 in favour of the claimant, awarding a total of £16,069.60. This comprised unpaid wages for June and July (£9,106.66), one month's notice pay (£4,553.33), additional payments for August work (£400), and holiday pay for 9.5 days (£2,009.61). The redundancy pay claim was dismissed by consent.
Practical note
Where a respondent fails to respond, a tribunal can enter a default judgment on the papers if it has sufficient information from the ET1 to determine the claims, particularly straightforward contractual and wage claims with clear documentary evidence.
Award breakdown
Award equivalent: 15.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3202104/2023
- Decision date
- 9 April 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Bakaruda Limited
- Sector
- other
- Represented
- No
Employment details
- Role
- Commercial Director
- Salary band
- £50,000–£60,000
- Service
- 7 months
Claimant representation
- Represented
- No