Claimant v National Earthmoving Limited
Outcome
Individual claims
The respondent deducted monies from the claimant's wages ostensibly for pension contributions which were never paid into a pension scheme. The respondent failed to present a defence, and a Rule 21 default judgment was entered in favour of the claimant.
The respondent breached the claimant's contract by deducting monies from his wages ostensibly for pension contributions which were never paid into a pension scheme. The respondent failed to present a defence, and a Rule 21 default judgment was entered in favour of the claimant.
Facts
The claimant brought claims for unauthorised deductions from wages and breach of contract against his employer, National Earthmoving Limited. The employer had deducted monies from the claimant's wages ostensibly for pension contributions but never paid these sums into a pension scheme. The respondent failed to present a valid response on time.
Decision
The Employment Judge made a Rule 21 default judgment in favour of the claimant as the respondent failed to defend the claim. The tribunal found the respondent had made unauthorised deductions and breached the employment contract, ordering payment of £1,947.00 to the claimant.
Practical note
Employers who deduct pension contributions from employees' wages but fail to pay them into a pension scheme face liability for unauthorised deductions and breach of contract, and risk default judgment if they fail to defend the claim.
Award breakdown
Legal authorities cited
Case details
- Case number
- 6009047/2025
- Decision date
- 14 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No