Miss K Smethurst v Sircus Limited — 2025

The respondent failed to present a valid response on time and the tribunal therefore made a determination under rule 22 of the Employment Tribunals Rules of Procedure 2024. Employment Judge Eeley found the complaint of unauthorised deductions from wages well-founded and ordered payment of £160 gross. The tribunal also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £2,400 gross as damages, calculated gross to reflect the likelihood the sum would be taxed as Post Employment Notice Pay.

The tribunal further found that the claimant had been dismissed by reason of redundancy and was entitled to a redundancy payment of £3,000. The holiday pay complaint was also well-founded, the tribunal finding that the respondent had failed to pay the claimant in accordance with regulation 16(1) of the Working Time Regulations 1998, and £560 was ordered (with the claimant responsible for any tax or National Insurance).

The total amount payable by the respondent under the judgment is £6,120.00. The hearing previously listed for 5 June 2025 was cancelled. A notice under the Employment Tribunals (Interest) Order 1990 was issued, with the relevant decision day recorded as 6 May 2025 and the stipulated rate of interest at 8% per annum.