Claimant v Gordano Limited
Outcome
Individual claims
The Respondent failed to pay the Claimant his full salary in the period from 31 October 2023 to 22 March 2024. In October 2023 he received only half his salary, and from November 2023 to February 2024 he received no pay at all. The tribunal found these to be unauthorised deductions from wages.
The Respondent deducted employee pension contributions of 3% from the Claimant's salary during the period from 30 September 2022 to 31 October 2023 but then failed to pay those contributions into a pension scheme on the Claimant's behalf. This constituted an unauthorised deduction from wages.
The Claimant's complaint in respect of breach of contract for failing to pay employer pension contributions was dismissed because the Claimant confirmed he remains employed by the Respondent and the Tribunal does not have jurisdiction to hear breach of contract claims for current employees.
Facts
The Claimant worked for Gordano Limited on a salary of £37,000 per annum with 3% employee pension contributions. From October 2023 the Respondent failed to pay his full salary: he received half pay in October 2023 and no pay from November 2023 to February 2024. Additionally, from September 2022 to October 2023, the Respondent deducted pension contributions from his salary but failed to pay them into a pension scheme. The Respondent failed to enter a response to the claim and did not attend the remedy hearing.
Decision
The tribunal found in favour of the Claimant and awarded £16,109.22 for unpaid salary and £1,248.75 for pension contributions that were deducted but not paid into a scheme. The tribunal dismissed the breach of contract claim regarding employer pension contributions because the Claimant remains employed and the tribunal lacks jurisdiction over such claims for current employees.
Practical note
A default judgment will be entered where a respondent fails to file a response, and deducting pension contributions without paying them into a scheme constitutes an unlawful deduction from wages.
Award breakdown
Award equivalent: 24.4 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6001217/2024
- Decision date
- 27 June 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Gordano Limited
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No