Cases2302801/2024

Claimant v ProductsOne BV

8 October 2024Before Employment Judge E FowellLondon Southremote video

Outcome

Default judgment£15,213

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to pay the claimant's salary for February 2024 and failed to make employer pension contributions for December 2023 and January 2024, and failed to remit employee pension contributions for the same period. The respondent did not appear or defend the claim, resulting in a default judgment in the claimant's favour.

Facts

The claimant was employed by ProductsOne BV and was owed salary for February 2024 and pension contributions (both employer and employee) for December 2023 and January 2024. The respondent failed to pay these sums. The respondent did not enter a response or appear at the hearing.

Decision

The tribunal entered a default judgment in the claimant's favour for unlawful deduction from wages totalling £15,213.02. The judgment comprises unpaid February 2024 salary, employer pension contributions, and employee pension contributions that were deducted but not remitted. The award was treated as taxable earnings with the net sum of £7,947.73 payable to the claimant after tax and national insurance.

Practical note

Employers who fail to respond to tribunal claims risk default judgments, and tribunals will enforce payment of both unpaid salary and unremitted pension contributions.

Award breakdown

Arrears of pay£14,333
Pension loss£880

Award equivalent: 4.6 weeks' gross pay

Legal authorities cited

Statutes

ERA 1996Income Tax (Earnings and Pensions) Act 2003 s.62

Case details

Case number
2302801/2024
Decision date
8 October 2024
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Salary band
£100,000+

Claimant representation

Represented
No