Dismissed by redundancy without pay: employer's failure to respond leads to £45,000 award

When an employer fails to show up

This case shows what can happen when an employer simply ignores tribunal proceedings. Two former employees of Cheshiregate Property Services Limited brought claims for unauthorised deductions from wages, unfair dismissal, and breach of contract after being made redundant. The company did not file a response and did not attend either hearing, leaving the tribunal to decide the claims based on the evidence from the employees alone.

At the first hearing in February 2023, Employment Judge Holt found that the company had made unauthorised deductions from the claimants' wages and awarded interim sums for unpaid basic pay and overtime. The judge also gave permission for the claimants to amend their claims to include additional heads of loss, such as redundancy pay and notice pay.

A final award of over £45,000

At the final hearing in May 2023, Employment Judge Ficklin considered the full extent of the claims. The tribunal awarded a total of £45,099.00, covering unpaid wages, holiday pay, notice pay, redundancy pay, and compensation for loss of pension and statutory rights. The employer's failure to engage meant the tribunal accepted the claimants' evidence and calculations without challenge.

What this means for similar claims

For employees, this case demonstrates that tribunals will take claims seriously even when the employer does not participate. It also highlights the importance of claiming all potential losses, including redundancy pay and pension rights, which can significantly increase the total award. For employers, ignoring tribunal proceedings is not a viable strategy – it can lead to substantial default judgments that may be difficult to challenge later.