Miss C Brooks v Harriet Ellis Training Solutions Ltd: 3204303/2022
JUDGMENT
[1]The claimant’s claims for unpaid holiday pay and notice pay are withdrawn.[2]The claimant’s claim for unpaid commission is dismissed. Tribunal Judge D Brannan acting as anREASONS
[1]The Tribunal heard no evidence and made no fact finding on whether a breach had occurred, needing first to establish if any right to join the pension scheme existed.[2]Having looked into this, the claimant’s complaint appears to relate to an alleged failure to enrol her in the respondent’s pension scheme. Any right to opt in stems from section 7 of the Pensions Act 2008. There are regulations on the process. It would be necessary to examine these and what happened to establish if any requirement was breached.[3]There is no statutory right to complain to the Employment Tribunal regarding failure to comply with this provision. However, the Pensions Regulator may take enforcement action and there is a criminal offence under section 45 of the Pensions Act 2008. Neither of these would involve the Tribunal. Case Number: 3204303/2022[4]The Tribunal consequently has no jurisdiction. Tribunal Judge D Brannan acting as an