Cases2305835/2023

Claimant v AGB Limited

23 September 2025Before Employment Judge G ElliottLondon Southremote video

Outcome

Claimant succeeds£20,588

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages in three separate periods: failing to pay a £200 per week salary increase from July 2023 to August 2024; stating salary as paid but not paying it over three months in 2023; and deducting 3% for pension contributions from April 2022 to August 2023 which were never paid to a pension provider.

Holiday Paysucceeded

The tribunal found that the respondent made an unauthorised deduction by failing to pay the claimant for accrued but untaken holidays when the claimant's employment ended on 10 August 2023.

Breach of Contractsucceeded

The tribunal found that the respondent breached contract in relation to 'petty cash', awarding damages of £94.

Facts

The claimant was employed by AGB Limited until 10 August 2023. The respondent failed to pay a promised £200 per week salary increase from July 2023 onwards, failed to pay stated salary in three months (May-July 2023), deducted 3% from salary for pension contributions from April 2022 to August 2023 but never remitted these to a pension provider, failed to pay accrued holiday pay on termination, and failed to reimburse £94 in petty cash expenses.

Decision

The tribunal found all claims well-founded. The respondent was ordered to pay £11,526.71 for the unpaid salary increase, the gross equivalent of £5,089 for unpaid salary, £2,322.75 for misappropriated pension contributions, £1,555.38 for unpaid holiday pay, and £94 for breach of contract relating to petty cash. All awards were gross with the claimant responsible for tax and National Insurance.

Practical note

Employers who deduct pension contributions from employees' salaries but fail to remit them to a pension provider commit unlawful deductions from wages and face liability for the full gross amount deducted.

Award breakdown

Holiday pay£1,555
Unpaid wages£18,938

Case details

Case number
2305835/2023
Decision date
23 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
in house

Claimant representation

Represented
Yes
Rep type
barrister