Cases2407381/2024

Claimant v MKDJLW1 Ltd

Outcome

Claimant succeeds£6,223

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant suffered unauthorised deductions from wages in June (£1,623 shortfall) and July (£3,000 salary not paid). The respondent did not appear to contest the claim.

Breach of Contractsucceeded

The tribunal found that the respondent made pension deductions from the claimant's wages but failed to pay these deductions (totalling £1,600) to the pension provider, which constituted a breach of contract. The respondent did not appear to defend the claim.

Facts

The claimant brought claims for unauthorised deductions from wages and breach of contract relating to pension contributions against her former employer, which was in creditors voluntary liquidation. The respondent failed to pay the claimant's full salary in June (shortfall of £1,623) and July (full salary of £3,000), and also failed to remit pension deductions totalling £1,600 to the pension provider despite deducting these amounts from the claimant's wages. The respondent did not appear at the hearing.

Decision

The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £6,223 comprising unpaid wages of £4,623 (£1,623 June shortfall plus £3,000 July salary) and £1,600 for pension deductions that were made but not paid over to the pension provider.

Practical note

Employers in liquidation remain liable for unauthorised wage deductions and for failing to remit pension contributions that were deducted from employees' pay, even where the employer does not defend the claim.

Award breakdown

Unpaid wages£4,623

Case details

Case number
2407381/2024
Decision date
16 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No