Claimant won Employment Tribunal · 8 August 2023

Four former employees win redundancy, wage and pension claims against Carl's Kitchen Limited

An employment tribunal has upheld claims from four former employees of Carl's Kitchen Limited for unpaid redundancy, unauthorised wage deductions, and missing pension contributions. The company failed to attend the hearing.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Sandra Kelly was dismissed without notice and not paid pension contributions.
  • David Fox had an unauthorised deduction from his wages on 31 January 2023.
  • Dawn Brown was not paid redundancy, holiday pay, and full January wages, and was unfairly dismissed.
  • Carolyn Leyland was not paid statutory redundancy.
  • The respondent failed to provide written statements of employment particulars to all claimants.

Timeline

  1. Pension contributions period starts

    Sandra Kelly's pension contributions were not paid from October 2022.

  2. Unauthorised deduction from David Fox's pay

    David Fox had £1187.69 deducted from his wages due on 31 January 2023.

  3. Dawn Brown's wages shortfall

    Dawn Brown was not paid full wages for January 2023, short by £506.

  4. Hearing

    The employment tribunal heard the claims at Midlands West Employment Tribunal.

  5. Judgment issued

    The tribunal issued its judgment in favour of all claimants.

The outcome

The tribunal ruled in favour of all four claimants, ordering Carl's Kitchen Limited to pay a total of over £19,000 in compensation.

  • Sandra Kelly: £7,980 statutory redundancy, £3,192 damages for breach of contract (notice), £199.86 for unpaid pension contributions, and £532 for failure to provide written particulars.
  • David Fox: £1,187.69 for unauthorised deduction from wages, and £720 for failure to provide written particulars.
  • Dawn Brown: £1,000 statutory redundancy, £1,604.40 for unauthorised deductions (holiday pay and wages), £300 for unfair dismissal, and £400 for failure to provide written particulars.
  • Carolyn Leyland: £2,700 statutory redundancy, and £720 for failure to provide written particulars.

Lessons & takeaways

  • Employers must pay statutory redundancy when making employees redundant, regardless of financial difficulties.
  • Failure to pay pension contributions or make unauthorised wage deductions can lead to successful claims for breach of contract.
  • Employees are entitled to a written statement of employment particulars; failing to provide one can result in additional compensation of 2-4 weeks' pay.
  • Even if an employer does not attend the hearing, the tribunal can still decide the case based on the evidence presented by the claimant.

What this case shows in practice

Four former employees of Carl's Kitchen Limited successfully brought claims for unpaid redundancy, unauthorised wage deductions, and missing pension contributions. The company did not attend the hearing, and the tribunal found in favour of all claimants. This case highlights the importance of employers meeting their statutory obligations, even when facing financial pressures.

What the losing side could have done differently

Carl's Kitchen Limited could have avoided these claims by paying statutory redundancy, providing proper notice, and making required pension contributions. The company also failed to provide written statements of employment particulars, which led to additional compensation awards. Attending the hearing might have allowed the company to present mitigating circumstances, but the absence meant the tribunal accepted the claimants' evidence.

Why the result matters for similar claims

This case demonstrates that employees can enforce their rights to redundancy pay, notice pay, and pension contributions through the tribunal system. The additional awards for failure to provide written particulars (up to 4 weeks' pay) serve as a deterrent to employers who neglect basic administrative duties. Claimants who represent themselves can still succeed, especially when the respondent fails to engage with the process.

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