Mr D Fabris v Carlton Forest 3PL Ltd (in administration) and The Secretary of State for Business and Trade (SoS): 6006640/2024
JUDGMENT
[1]That there shall be a protective award covering merely the claimant and the protected period shall be 28 March 2024 until 26 June 2024. For the purposes of the Judgment the award shall not be quantified, but for the purposes record the certification of the award is contained in the Reasons. The Tribunal finds the complaint relating to a protective award well founded and makes a declaration to that effect.[2]The first respondent is in breach of contract in the sum of £293.52 for failure to complete of the process of the Redundancy Payment Service.REASONS
[1]Claims 1.1. For a protective award. 1.2. Breach of contract - Pursuant to Article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.[2]Issues The issues in this case relate to:- 2.1. Protective award – whether the claimant is entitled to a protective award, what it is the protected period and who are the employees covered. 2.2. Breach of contract – whether the first respondent failed to make a payment amounting to a shortfall in pension.[3]Facts The Tribunal having carefully reviewed all the evidence (both and oral and documentary) before it finds the following facts (proved on the balance of probabilities): 3.1. The claimant was employed by the first respondent as a group property director from 15 May 2023 to 28 March 2024 when he was dismissed by reason of redundancy. 3.2. More than 20 employees were made redundant at a single establishment being Bawtry Park, Bawtry. 3.3. At or about 28 March 2024, being the claimant’s dismissal, he had not been consulted about his impending redundancy. 3.4. I am satisfied that the second respondent is an interested party for the purposes of this claim. 3.5. I am satisfied that the administrators gave consent for the claimant continuing his claims against the first respondent. 3.6. As far as the claim for breach of contract is concerned the claimant was automatically enrolled in the first respondent’s pension scheme and that the first respondent failed to pay £293.52 of the pension payments due. 3.7. At the time of the claimant’s dismissal his gross salary was £6,667 per month. 3.8. Protected period of 90 days is from 28 March 2024 to 26 June 2024 for the purposes of the claimant’s protected award and would be, without prejudice to the position of the SoS, eight weeks at £643.00 per week being a total of £5,144.00.[4]Determination of the Issues After listening to the factual and legal submissions made by and on behalf of the respective parties: 4.1. In relation to the protective award the employee, namely the group property director who was the claimant, shall be covered by the protective award hereby made and the protected period as above is 28 March 2024 to 26 June 2024 which covers the payment. This will enable the SoS to consider payment after Judgment. 4.2. The Tribunal finds the protective award complaint well founded and makes a declaration to that effect. 4.3. The Tribunal finds that the first respondent is in breach of contract responsible for not paying £293.52 in respect of the claimant’s pension entitlement. Therefore, the first respondent shall pay the claimant the sum of £293.52 for breach of contract or shall pay the said sum on completion of the process by the Redundancy Payment Service, whichever is the earlier. J Shulman Approved by