Mr D Tomaszewski v Tech Soul Ltd: 3200256/2024
JUDGMENT
[1]The R espondent made unlawful ded uctions contra ry to s13 Employment Rights Act 1996 from the C laimant ’s wages of 7 55.95 when i t deducted employee pens ion contrib utions from his pay in Ja n uary 2022 to August 2022 ( inclusive), in Dec ember 2022 and in July 2023 to October 2023 ( and did not then pay those employee contributions in to the NEST pension scheme . This is calculated as f ollows: 1 3 months x £58.15 = £755.95 T his amount i s payable by the R espondent to the C laimant within 14 days under R ule 65 of the Tribunal Rules 2013[2]The R espondent failed to iss ue the C laimant with a w r itten s t atement of his terms of employment contrary to s1 Employment Rights Act 1996 and the Tribunal therefore makes an additional award of 4 week s pay under s38 Empl oyment Act 2002 of 2 269.20 This is calculated as follows: 4 x £567.30 = £2,2 69.20 T his amount is payable by the R espondent to the C laimant within 14 days under R ule 65 of the Tribunal R ules 2013 Case Number: 3200256/2024 2 TOTAL due is £3,025.15[3]The Respondent failed to issue the Claimant with itemised payslips for all the months of his employment between January 2017 and October 2023 contrary to s8 Employment Rights Act 1996 and the Tribunal makes a declaration to this effect.[4]The Tribunal does not have jurisdiction in a wages claim in relation to the Claimant’s employer pension contributions which he claims were not made by the Respondent into the pension scheme (for the same months as his employee contributions were deducted but not paid to the scheme – see above) – that claim is therefore dismissed.[5]The Tribunal does not have any legal powers in relation to the failure by the Respondent to account to HMRC for the tax and NICs it deducted but for which it did not account to HMRC, for the months August 2023, September 2023 and October 2023.[6]This judgment is sent to the Respondent’s business address and to its registered office.