Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
By consent, the tribunal awarded the claimant £15,288.14 gross comprising £11,537.88 in unpaid wages and £3,750.26 in pension contributions. The respondent agreed to pay these sums without contest.
The tribunal found a breach of section 11 of the Employment Rights Act. By consent, the respondent was ordered to issue a revised statement of employment particulars confirming the claimant was appointed as substantive Grade 7 with effect from 01 June 2021.
Facts
The claimant was employed by the Department for Work and Pensions and should have been appointed as a substantive Grade 7 from 01 June 2021. The respondent failed to properly recognise this appointment, resulting in unpaid wages of £11,537.88 and unpaid pension contributions of £3,750.26 over multiple tax years (2021-22 through 2024-25). The respondent also failed to provide a correct statement of employment particulars showing the Grade 7 appointment.
Decision
By consent, the tribunal awarded the claimant £15,288.14 gross for unlawful deduction of wages and ordered the respondent to issue a revised statement of employment particulars confirming her Grade 7 appointment from 01 June 2021. The pension contributions will be paid directly into her pension fund, with the remaining sum subject to tax and national insurance deductions.
Practical note
Public sector employers must ensure correct grading and payment from the effective date of appointment, as failure to do so results in unlawful wage deductions and breach of statutory obligations to provide accurate employment particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2410871/2023
- Decision date
- 18 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Grade 7
Claimant representation
- Represented
- No