Cases6001301/2025

Claimant v Ingenia Resourcing & Recruitment Limited

21 May 2025Before Employment Judge GouldNewcastleremote video

Outcome

Claimant succeeds£2,061

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to pay the claimant notice pay upon termination of employment. The respondent made no attendance to contest the claim. The tribunal awarded gross notice pay calculated as Post Employment Notice Pay.

Holiday Paysucceeded

The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The respondent did not attend to defend the claim.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent deducted employee pension contributions from the claimant's wages during October and November 2024 but failed to pay these contributions into the claimant's pension scheme. This constituted unauthorised deductions totalling £142.40.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent failed to pay employer pension contributions to which the claimant was contractually entitled during October and November 2024. These missing employer contributions totalling £106.80 constituted unauthorised deductions from wages.

Facts

Mrs Moses brought claims against her former employer, a recruitment company, for unlawful deductions from wages. The respondent failed to pay notice pay and holiday pay upon termination on 30 November 2024. Additionally, during October and November 2024, the respondent deducted employee pension contributions from Mrs Moses' wages but failed to pay them into her pension scheme, and also failed to pay the employer pension contributions she was contractually entitled to receive. The respondent did not attend the hearing.

Decision

The tribunal upheld all claims for unlawful deduction from wages. It awarded £535.66 for notice pay, £1,275.73 for accrued but untaken holiday pay, £142.40 for employee pension contributions that were deducted but not paid over, and £106.80 for unpaid employer pension contributions, for a total award of £2,060.59.

Practical note

Employers who deduct employee pension contributions must pay them into the pension scheme, and failure to pay contractually-agreed employer pension contributions also constitutes an unlawful deduction from wages.

Award breakdown

Notice pay£536
Holiday pay£1,276
Unpaid wages£249

Legal authorities cited

Statutes

ERA 1996

Case details

Case number
6001301/2025
Decision date
21 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
No

Claimant representation

Represented
No