Ms K Ward v Department for Work and Pensions: 2410871/2023
JUDGMENT
[1]By consent, there is Judgement for the Claimant in respect of her unlawful deduction from wages claim in the sum of £15,288.14 (gross). This figure comprises £11,537.88 in relation to unpaid wages and £3,750.26 in respect of pension contributions.[2]By consent, in relation to the Claimant’s remedy for breach of s11 of the Employment Rights Act, the Respondent shall by 4pm on 04 March 2025 issue the Claimant with a revised statement of employment particulars confirming that she was appointed as a substantive Grade 7 with effect from 01 June 2021. Appendix[3]It is recorded that the Respondent will pay the sum of £3,750.26, which represents unpaid pension contributions directly into the Claimant’s pension fund.[4]The remaining sum of £11,537.88 gross will be subject to deductions for tax and national insurance by the Respondent’s payroll (SSCL). The Claimant’s case is that the unlawful deduction from wages occurred over the following tax years: 2021-22, 2022-23, 2023-24 and 2024-25, and had she received the sums at the relevant time, the amount of tax to be paid would have been less, being deducted at basic rate as opposed to the higher rate of tax. The Tribunal has no jurisdiction on this issue but records the Claimant’s position in order to assist with any negotiations with HMRC. Tribunal Judge Holt 18 February 2025