Cases6023330/2024

Claimant v Mr R Jones t/a RGSR Farms

31 July 2025Before Employment Judge R BraceWalesremote video

Outcome

Partly successful£3,507

Individual claims

Unlawful Deduction from Wagesfailed

The complaint regarding unauthorised deductions from wages in respect of pension contributions paid by the employer was not well-founded. The tribunal determined that pension contributions paid by an employer to the pension provider on the worker's behalf do not fall within the definition of 'wages' under Employment Rights Act 1996, and the tribunal had no jurisdiction to consider the complaint.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment. The respondent failed to present a valid response on time, and the claim was determined on available information in the claimant's favour.

Othersucceeded

The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996. The claim succeeded as the respondent failed to present a valid response on time.

Othersucceeded

When proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The tribunal found no exceptional circumstances making an award unjust or inequitable, and awarded two weeks' gross pay under section 38 Employment Act 2002.

Facts

The claimant worked for a farm operated by Mr R Jones trading as RGSR Farms. Her employment ended, and she brought claims for unauthorised deduction from wages (relating to pension contributions), redundancy pay, failure to provide written itemised pay statements, and failure to provide written statement of employment particulars. The respondent failed to present a valid response on time. Neither party attended the hearing conducted remotely on 31 July 2025.

Decision

The tribunal determined the claims on available information. The wages claim regarding pension contributions failed as such contributions do not constitute 'wages' under ERA 1996. The tribunal awarded £1,558.48 redundancy pay plus equal compensation for failure to pay, and £389.62 (two weeks' pay) for failure to provide written statement of employment particulars. The claim regarding failure to provide itemised pay statements also succeeded.

Practical note

Default judgments can proceed in absence of both parties where respondent fails to respond, but jurisdictional issues (such as whether pension contributions constitute 'wages') will still be determined against the claimant where the claim has no legal basis.

Award breakdown

Redundancy pay£1,558

Legal authorities cited

Statutes

Employment Rights Act 1996 s.163Employment Rights Act 1996 s.8Employment Act 2002 s.38

Case details

Case number
6023330/2024
Decision date
31 July 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
agriculture
Represented
No

Employment details

Claimant representation

Represented
No