Employment Tribunal Awards Redundancy Payments and Back Pay
📌 In brief
In this case, an employment tribunal ruled that two workers were entitled to receive redundancy payments and back pay from their former employer. The employer did not attend the hearing or submit necessary documents, leading to the claimants' success in obtaining the sums they were owed.
⚖️ Legal holding
An employer must provide redundancy payments and backpay when a worker is made redundant due to loss of client work.
📖 What the law says
This section outlines the criteria for determining whether the dismissal of an employee is fair or unfair. It requires the employer to demonstrate the reason for the dismissal and prove that the reason is valid under the act, such as relating to the employee's capability, qualifications, redundancy status, or compliance with legal duties.
This section defines direct discrimination based on protected characteristics such as age, disability, marriage/civil partnership, race, and sex. It specifies that treating someone less favorably because of these characteristics constitutes discrimination, with certain exceptions for specific cases like age and disability.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimants were awarded redundancy payments and arrears of pay after their employer failed to participate in the hearing.
📜 Headnote Official document
The Employment Judge awarded redundancy payments and back pay to two workers after their employer failed to participate in the hearing. The claimants were employed as cleaners who were made redundant due to a loss of client work.
📚 Full judgment Official document
OUTCOME: Allowed
Case Number: 3302049/2025 3302050/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
(2) [APPELLANT]
Respondent: [redacted] Cambridge (via CVP)
On: 25 February 2026
Before: Employment Judge Andrew Clarke KC
Appearances For the claimants: [redacted] For the respondent: [redacted]
1. Mr [APPELLANT] is entitled to be paid the following sums:
a. A Redundancy Payment of £2340. b. A net sum of £2186.40 representing arrears of pay, notice pay and a sum in respect of holidays not taken.
2. Mrs [APPELLANT] is entitled to be paid the following sums:
a. A Redundancy Payment of £3120. b. A net sum of £2827.31 representing arrears of pay, notice pay and a sum in respect of holidays not taken.
REASONS
1. The Claimants were [NAME] employed by the Respondent as cleaners working at the same premises. Due to a downturn in work at the client business its need for cleaners from the Respondent ceased and, having lost that client, the Respondent made them and other cleaners redundant.
2. The Respondent did not submit and ET3 and has not sought to participate in this hearing, despite being notified of it.
3. I do not intend to set out the relevant law in any detail. The Tribunal has jurisdiction to award the sums the subject of the judgment. In the circumstances described the Claimants have an entitlement to a Redundancy Payment, calculated as set out below. The non-payment of wages amounts to an unlawful deduction and a claim for a financial sum in respect of holidays not taken is permissible when the contract of employment has ended.
4. Mr [APPELLANT] had worked for the Respondent for 3 complete years at the date of redundancy (3 January 2025) and his wife for 4 complete years. [NAME] were over the age of 41 for all of their employment. In each case the weekly wage was £520. Mr [APPELLANT] is entitled to a Redundancy Payment calculated at 1.5 times that wage for each complete year of employment and his wife to the same. Hence, he is entitled to a payment of £2340 and she to a payment of £3120.
5. [NAME] were sent a pay slip by their employer to cover hitherto unpaid wages, pay for what would have been their notice periods and pay in respect of untaken holidays. The payslips set out gross figures for each and then a net figure for the pay due together with the amount of the redundancy payment each is due. The Claimant’s tell me (and I accept) that the pay slips correctly record what was owed to them and they have no reason to question the tax and NIC calculations.
6. The gross sums due in respect of arrears of pay, notice pay and outstanding holiday pay are respectively £416, £2080 and £104 (Mr [APPELLANT]) and £1248, £2080 and £263.77 (Mrs [APPELLANT]). The net sums due are £2186.40 (Mr [APPELLANT]) and £2827.31 (Mrs [APPELLANT]).
Approved by: Employment Judge Andrew Clarke KC
25 February 2026
Sent to the parties on: 1 May 2026
For the Tribunal Office:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Successful Claimant Awarded Costs by Employment Tribunal
- Employment Tribunal Employment Tribunal Rules Employer Must Provide Redundancy Payment After Un…
- Employment Tribunal Unauthorised Wage Deductions and Holiday Pay: Claimant Wins in Employment T…
- Employment Tribunal Employment Tribunal Rules Unauthorised Wage Deductions Invalid
- Employment Tribunal Worker Wins Unlawful Deductions and Holiday Pay Case at Employment Tribunal
- Employment Tribunal Employment Tribunal Rules Against Unauthorised Wage Deductions
- Employment Tribunal Successful Unfair Dismissal Claim at Employment Tribunal
- Employment Tribunal Employer Ordered to Pay Compensation for Unauthorised Wage Deductions and B…
- Employment Tribunal Employment Tribunal Rules in Favour of Constructive Unfair Dismissal and Bo…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer failed to comply with statutory requirements for wages, holidays, and employment documentation.
- The employer made unauthorised deductions from the employee's wages or failed to provide holiday pay for accrued but unused leave.
- The employer did not provide a fair hearing process for employees who bring claims against them.
- The employer dismissed an employee for reasons that were not fair or justifiable under the Employment Rights Act 1996.
- The employer was required to cover reasonable legal costs when a claimant successfully pursues an employment tribunal case.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The employment tribunal awarded redundancy payments and back pay to two workers who had been made redundant.
Who was involved?
Two workers (the claimants) and their former employer (the respondent).
How did the court decide, and why?
The court decided in favour of the workers because the employer failed to participate in the hearing and provide necessary documents.
Which laws or rules were applied?
The Employment Rights Act 1996, Equality Act 2010, and Working Time Regulations 1998.
What was the argument that mattered most?
The employer's failure to participate in the hearing and provide necessary documents was crucial.
Was the decision for or against the person who brought the case?
For the claimants, as they were awarded redundancy payments and back pay.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to receive redundancy payments and back pay if their employer fails to participate in the hearing.
What evidence or documents mattered?
The claimants' payslips showing what was owed to them were important.
Can a decision like this be appealed?
Yes, decisions from an employment tribunal can typically be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for specific legal issues.