Claimant v Peter Jagger t/a Stells Famous Pet Store
Outcome
Individual claims
The respondent made the claimant redundant without any evidence of a fair redundancy process or consultation. There was no engagement with the claimant regarding the business closure or redundancy selection, rendering the dismissal procedurally and substantively unfair.
The claimant was entitled to 12 weeks' notice based on 16+ years of continuous service. The respondent failed to provide notice or payment in lieu, constituting a breach of contract for notice pay.
The claimant worked her final two weeks unpaid while removing and rehoming tropical fish. The respondent failed to pay wages for this period, constituting an unlawful deduction from wages.
The claimant had 2 weeks of accrued and untaken holiday entitlement at termination which the respondent failed to pay, contrary to the Working Time Regulations.
The respondent failed to provide a written statement of particulars throughout the claimant's 16+ year employment. The tribunal awarded 4 weeks' wages as compensation for this statutory breach.
The employer failed to make pension contributions to the NEST pension scheme for a period of 2 years (104 weeks) at £10.66 per week, causing the claimant financial loss.
Facts
The claimant worked as a retail assistant at a pet shop in Colne from 2008 to January 2025, initially starting part-time in 2006. She was made redundant on 15 January 2025 without consultation or proper process as the business struggled financially. She worked her final two weeks unpaid to remove and rehome tropical fish. The respondent never provided a contract of employment, payslips, or written particulars, and failed to make pension contributions for the final 2 years. The claimant was unemployed for 3 months before finding alternative work.
Decision
The tribunal found the dismissal unfair due to lack of consultation and proper redundancy procedure. All claims succeeded: unfair dismissal, notice pay, unlawful deduction of wages (final 2 weeks unpaid), holiday pay, pension loss, and failure to provide written particulars. The respondent did not attend or defend the claims. Total award of £22,662.91 was made comprising basic and compensatory awards, notice pay, wages, holiday pay, pension loss and a penalty for failing to provide written terms.
Practical note
Employers who fail to follow any redundancy procedure, do not provide basic documentation like contracts or payslips, and leave employees unpaid face substantial liability even for small businesses, and non-attendance at tribunal will result in default judgment on credible uncontested evidence.
Award breakdown
Award equivalent: 50.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6015890/2025
- Decision date
- 26 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- retail assistant
- Salary band
- £20,000–£25,000
- Service
- 17 years
Claimant representation
- Represented
- No