Claimant v Abbey Grange Care Home Limited
Outcome
Individual claims
The complaint will be determined at a future hearing following this reconsideration judgment.
The complaint regarding failure to give notice of termination will be determined at a future hearing.
The tribunal found the respondent breached the claimant's contract by failing to pay employer's pension contributions into the workplace pension scheme and awarded damages.
Paragraph 6 of the original judgment was confirmed, awarding holiday pay to the claimant.
The complaint of failure to provide reasons for dismissal under section 93 Employment Rights Act 1996 will be determined at a future hearing.
Facts
This is a reconsideration judgment varying an earlier judgment dated 2 October 2023. The claimant brought multiple claims including unfair dismissal, wrongful dismissal, failure to provide reasons for dismissal, and breach of contract. The reconsideration varied the respondent's name and revoked paragraphs 1-5 of the original judgment while confirming holiday pay award and varying pension contribution damages.
Decision
The tribunal confirmed the holiday pay award and ordered the respondent to pay £150.96 in damages for failure to pay employer's pension contributions, totalling £683.83. The claims for unfair dismissal, wrongful dismissal, failure to provide reasons for dismissal, and breach of the right to be accompanied remain to be determined at a future hearing.
Practical note
Reconsideration proceedings can vary earlier judgments while leaving substantive claims to be determined at full hearings, and employers have a contractual obligation to pay pension contributions which can be enforced through damages awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2406212/2023
- Decision date
- 6 May 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister