Claimant v Pinnacle Finance and Property Group Ltd
Outcome
Individual claims
The tribunal found the respondent made unlawful deductions from wages by failing to pay the claimant's salary for August 2024 through November 2024 inclusive, totalling £8,370.44 net. The respondent did not attend and no response was received, resulting in a default judgment in the claimant's favour.
The tribunal found the respondent made unlawful deductions from wages by failing to pay the claimant's commission for August 2024 through October 2024 inclusive, totalling £2,851.68 net. The respondent did not attend and no response was received.
The claimant brought a breach of contract claim regarding pension contributions deducted but not paid to the provider and employer contributions not made. The tribunal found it had no jurisdiction because the employment had not terminated at the time of presentation of the claim.
Facts
The claimant was employed by the respondent and was not paid his salary for four months (August-November 2024) or his commission for three months (August-October 2024). The respondent also failed to remit pension contributions to the pension provider despite deducting them from the claimant's wages. The claimant also alleged increased student loan interest due to the respondent's failure to account for loan repayments. The respondent did not attend the hearing and filed no response.
Decision
The tribunal awarded the claimant £11,222.12 for unlawful deduction of wages comprising unpaid salary and commission. It rejected the claim for additional losses relating to student loan interest as not attributable to non-payment of wages under s24(2) ERA 1996. The breach of contract claim regarding pensions was dismissed for lack of jurisdiction as employment had not terminated when the claim was filed.
Practical note
A tribunal lacks jurisdiction to hear a breach of contract claim for unpaid pension contributions while the employment relationship continues, even where the employer has deducted contributions from wages but failed to remit them to the pension provider.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6022431/2024
- Decision date
- 8 August 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- financial services
- Represented
- No
Claimant representation
- Represented
- No