Cases2301295/2024

Claimant v O'Connors Contracts Ltd (in voluntary liquidation)

15 September 2025Before Employment Judge HartLondon Southon papers

Outcome

Claimant succeeds£459

Individual claims

Breach of Contractsucceeded

The tribunal found the respondent in breach of contractual clause 60 by providing only 3 weeks' notice instead of the contractually required 4 weeks. The claimant was entitled to the outstanding one week's notice pay plus pension contributions for the full notice period.

Facts

The claimant was employed as an apprentice from 9 January 2023 to 8 September 2023. His contract required 4 weeks' notice of termination. On 8 September 2023 he was dismissed due to 'market conditions' and given only 3 weeks' notice pay. The respondent did not defend the claim and entered voluntary liquidation.

Decision

The tribunal found the respondent in breach of contract for failing to provide the full 4 weeks' contractual notice. The claimant was awarded one week's outstanding notice pay (£423.07) plus employer pension contributions for the full notice period (£36.37), totalling £459.44 net.

Practical note

Even where a respondent is insolvent and unrepresented, tribunals will enforce express contractual notice provisions that exceed statutory minimums, including consequential losses like pension contributions.

Award breakdown

Notice pay£423
Pension loss£36

Legal authorities cited

Statutes

Employment Rights Act 1996 s.86

Case details

Case number
2301295/2024
Decision date
15 September 2025
Hearing type
on papers
Hearing days
Classification
procedural

Respondent

Sector
construction
Represented
No

Employment details

Role
apprentice
Service
8 months

Claimant representation

Represented
No