Claimant v National Highways Limited
Outcome
Individual claims
The tribunal found that the respondent made unlawful deductions from the claimant's wages totaling £6742.29. The parties consented to this finding and the tribunal ordered payment of this sum subject to tax and National Insurance deductions.
The claim for unlawful deductions from wages in respect of annual leave entitlement was dismissed upon withdrawal by the claimant, after the parties agreed terms on this issue.
The claim for unlawful deductions from wages in respect of employer's pension contributions was withdrawn but not dismissed. The claimant expressly reserved her right to pursue this claim in the future following the parties agreeing terms.
Facts
The claimant brought claims for unlawful deductions from wages relating to three categories: general wages, annual leave entitlement, and employer's pension contributions. The parties reached agreement on the issues, with the wage deduction claim succeeding by consent for £6742.29, the annual leave claim being withdrawn and dismissed, and the pension contributions claim being withdrawn but with the claimant's right to pursue it in future expressly preserved.
Decision
The tribunal found in favor of the claimant on the wage deduction claim and ordered payment of £6742.29 subject to tax and NI deductions. The other claims were withdrawn following agreement between the parties, with the pension contributions claim withdrawn but not dismissed to preserve the claimant's future rights.
Practical note
Where parties reach settlement on some but not all claims, careful drafting of withdrawal terms can preserve a claimant's right to pursue certain claims in the future while allowing for immediate resolution of others by consent.
Award breakdown
Case details
- Case number
- 1306233/2024
- Decision date
- 3 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister