Claimant v Regency Law Possessions Ltd
Outcome
Individual claims
The tribunal found that the respondent failed to pay pension contributions for the period October 2018 to April 2024 as required under the employment contract. This constituted a breach of contract for which the claimant was entitled to compensation of £1,792.50.
Under section 163 Employment Rights Act 1996, it was agreed by both parties that the claimant was entitled to a statutory redundancy payment of £1,875.00 based on her length of service and weekly pay.
The tribunal found the dismissal was procedurally unfair. The respondent failed to undertake a proper redundancy process which would have taken approximately two weeks. The claimant succeeded in establishing the dismissal was unfair under the Employment Rights Act 1996.
Facts
Ms Massingham was employed by Regency Law Possessions Ltd and was dismissed by reason of redundancy in April 2024. The respondent failed to pay pension contributions from October 2018 to April 2024 as required under her contract. The dismissal was effected without following a proper redundancy consultation process.
Decision
The tribunal found in favour of the claimant on all claims. The respondent breached contract by failing to pay pension contributions (£1,792.50), owed statutory redundancy pay (£1,875.00), and unfairly dismissed the claimant by failing to follow a proper redundancy procedure which would have taken approximately two weeks (compensatory award £375.00).
Practical note
Employers must follow proper redundancy procedures even in small businesses, and failure to pay contractual pension contributions constitutes a recoverable breach of contract.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2305023/2024
- Decision date
- 25 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep