Mr C Hardy (1) Mrs J Craig (2) Miss D Morris (3) Mr N Enchine (4) v Orange Eyewear Ltd — 2022

The claims were determined under rule 21 after the respondent failed to present a valid response and did not attend the hearing. The four claimants gave evidence and produced documents. The tribunal found that all had been employed by Orange Eyewear Ltd, had been paid until the end of September 2021, and had then stopped receiving further payments. It also found that the respondent stopped making pension contributions 17 weeks before 14 October 2021.

On 14 October 2021 Mr Enrico Vivezi emailed the claimants saying furlough had ended, that he was not in a position to hold the company going forward, and that he had to put the company into administration, asking them to return company property. The tribunal found that the email, read as a whole, terminated each claimant's employment on 14 October 2021 even though it did not use an express termination formula and referred to an administration that did not in fact occur. It rejected the view that Mr Enchine remained employed until the later date shown on his P45.

That termination date meant unpaid salary up to 14 October 2021 was an unauthorised deduction from wages. The tribunal also found that each claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. It held that no notice or payment in lieu had been given, so each claimant succeeded in breach of contract in relation to notice. Holiday pay claims also succeeded, with the tribunal accepting carry-over of 2020 leave for Miss Morris, Mr Hardy and Mr Enchine because they had been on furlough and had not been able to take leave.

On pension contributions, the tribunal held that failing to pay deducted employee contributions to the pension scheme was a breach of contract, and that non-payment of employer contributions was also a breach of contract. It relied on Mrs Craig's express contractual term on automatic enrolment and implied the same term into the other claimants' contracts. It awarded gross sums of £692.30, £1,153.94, £1,080.76 and £880 for unpaid wages; £4,673.03, £2,448, £9,186.46 and £880 for redundancy pay; £3,115.35, £2,307.68, £6,484.62 and £1,906.67 for notice; £3,115.35, £2,699.99, £5,295.77 and £4,488 for holiday pay; and £77.88, £491.94, £433.12 and £321.76 for pension-related breach of contract damages. The tribunal considered, but did not impose, a section 12A penalty.