V C Rocas v J Cusworth: 6010822/2025
JUDGMENT
[1]The Respondent deducted sums from the wages properly due to the Claimant in the sum of £1,702.95 (as confirmed by the Respondent). These sums were deducted to be paid as employee contributions to the NEST pension; the Respondent confirmed that they were not.[2]It is declared that those deductions were unlawful and that the Respondent must repay that sum to the Claimant, without any deductions, within 14 days[3]The Claimant shall be required to account to HMRC for any tax or other statutory deductions properly due on that sum once it is received.[4]The Respondent’s counter claim must be dismissed as it is not validly brought in a case where the Claimant was not claiming a Breach of Contract. APPROVED Judge M Aspinall Monday, 9th June 2025 ISSUED by THE TRIBUNAL DATE: 26 June 2025 SIGNED: Kacey O’Brien For the Tribunal Written reasons: