Cases→6006640/2024

Claimant v Carlton Forest 3PL Limited (in administration)

29 July 2025Before Employment Judge ShulmanLeedsremote video

Outcome

Claimant succeeds£5,438

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that more than 20 employees were made redundant at a single establishment and the claimant had not been consulted about his impending redundancy at or about 28 March 2024. The first respondent failed to comply with collective consultation requirements under s.188 TULRCA 1992.

Breach of Contractsucceeded

The claimant was automatically enrolled in the first respondent's pension scheme and the first respondent failed to pay £293.52 of the pension payments due. The tribunal found this constituted a breach of contract for the failure to make proper pension contributions.

Facts

The claimant was employed as group property director from 15 May 2023 until 28 March 2024 when he was dismissed by reason of redundancy. More than 20 employees were made redundant at the single establishment at Bawtry Park without prior consultation. The first respondent also failed to pay £293.52 in pension contributions. The first respondent was in administration and did not appear at the hearing.

Decision

The tribunal upheld both claims. It made a protective award covering the claimant for the period 28 March 2024 to 26 June 2024 (8 weeks at £643 per week, totalling £5,144) due to failure to conduct collective consultation. It also awarded £293.52 for breach of contract relating to unpaid pension contributions.

Practical note

Employers in administration remain liable for failure to conduct collective consultation under s.188 TULRCA 1992 when making 20 or more redundancies, with protective awards payable via the Secretary of State.

Award breakdown

Pension loss£294

Award equivalent: 3.5 weeks' gross pay

Legal authorities cited

Statutes

TULRCA 1992 s.188Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 Article 3

Case details

Case number
6006640/2024
Decision date
29 July 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Carlton Forest 3PL Limited (in administration)
Sector
logistics
Represented
No

Employment details

Role
group property director
Salary band
£80,000–£100,000
Service
10 months

Claimant representation

Represented
Yes
Rep type
barrister
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