Case 1804934/2021 · Employment Tribunal
In person For the v None - the claim is not defended — 2022
- Case reference
- 1804934/2021
- Decision date
- 7 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge James Representation
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe tribunal heard oral evidence from the claimant and found that he was employed under a contract of employment and was dismissed on 3 September 2021 without consultation. It also found that within 90 days more than 20 employees were dismissed by the respondent, with the first dismissals occurring on 3 September 2021. On that basis, it held that the claimant was within the scope of the collective redundancy consultation regime and that the protected period ran from 3 September 2021 to 1 December 2021 inclusive.
The claim for a protective award under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeded. The tribunal calculated the award at 12.86 weeks multiplied by the claimant's weekly pay of £673.08, producing £8,655.81.
The tribunal also upheld claims in breach of contract arising from the failure to pay employer pension contributions and the loss of use of a company car during the two-week notice period. It found the claimant was entitled to two weeks' notice, that employer pension contributions were £16.60 per week and had not been paid, and that the company car had a taxable value of £192.31 per week but could not be used during the notice period.
The breach of contract award was £417.82, calculated as 2 weeks x £208.91. The judgment does not break that figure down between the unpaid pension contributions and the loss of car use. No separate award for unfair dismissal is recorded in the judgment text supplied.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under section 188 TULRCA 1992. The tribunal found the claimant was dismissed on 3 September 2021 without consultation and that over 20 employees were dismissed within 90 days. It awarded 12.86 weeks at the claimant's weekly pay of £673.08, covering the protected period from 3 September 2021 to 1 December 2021 inclusive. | Upheld | — | £8,656 |
| Breach of contract | The tribunal upheld breach of contract claims for failure to pay employer pension contributions and loss of use of the company car during the two-week notice period. The judgment does not split the £417.82 award between those two heads of loss; it records the total as 2 weeks x £208.91. | Upheld | — | £418 |
Remedy
Monetary award- Total award
- £9,074
- across all upheld claims
Legal tests applied
2 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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