Claimant v Vita Manufacture Ltd
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages during September to November 2023, totalling £1,568.65 gross, where the claimant's hourly rate was £11.45 but she was not paid for 4, 60 and 73 hours respectively in those months.
The tribunal found that the respondent deducted employee pension contributions from August 2023 to November 2023 (totalling £495.24) and both employee and employer pension contributions from July 2023 to September 2024 which were never paid to the pension provider, constituting unauthorised deductions from wages.
The tribunal found that the respondent failed to pay the claimant for 139.6 hours of accrued but untaken holiday pay (calculated at 9.3 hours per month from July 2023 to September 2024) at termination, amounting to £1,598.42 gross at an hourly rate of £11.45.
Facts
The claimant was employed by Vita Manufacture Ltd at an hourly rate of £11.45. Between July 2023 and September 2024, the respondent failed to pay the claimant for hours worked (137 hours over three months), deducted pension contributions that were never paid to the pension provider, and failed to pay accrued holiday pay on termination. The respondent did not attend the remedy hearing.
Decision
The tribunal found all claims well-founded and awarded the claimant £4,095.47 comprising unpaid wages (£1,568.65), pension contributions that were deducted but not paid over (£928.40), and accrued holiday pay (£1,598.42). The respondent's non-attendance meant the claimant's evidence was uncontested.
Practical note
Employers who deduct pension contributions from employees' wages but fail to remit them to the pension provider commit unauthorised deductions and must repay both employee and employer contributions to the employee.
Award breakdown
Case details
- Case number
- 3315324/2023
- Decision date
- 11 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No