Mr P Paul v JR Motorsports Ltd in Creditors Voluntary Liquidation: 6014669/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from 1 April 2024 to 5 July 2024.[2]The respondent shall pay the claimant £7,432.33 being the gross sum deducted (£13,032.33) less £5,600 gross received from the Redundancy Payments Service. The claimant is responsible for the payment of any tax or National Insurance.[3]In breach of contract the respondent has failed to pay employer pension contributions for the claimant and is ordered to pay him the sum of £882.90 in respect of these.REASONS
[1]The claimant, Mr Philip Paul, was employed by the respondent, JR Motorsports Limited, as Quality Assurance and Stores Manager between 14 November 20211 and 5 July 2024. The respondent is currently in creditors voluntary liquidation.[2]Having gone through early conciliation between 27 September and 1 October 2024, on 10 October 2024 the claimant presented a claim for unpaid wages and pension contributions to the Tribunal. The respondent filed a response admitting that there were arrears of pay and pension contributions and proposing a payment schedule.[3]The trial of this claim has come before me today. The respondent did not attend. I delayed the start of the hearing in case the respondent was simply experiencing connection problems.[4]The claimant confirmed that he did not receive pay from 1 April 2024 until his employment ended on the expiry of his notice on 5 July 2024. He also confirmed that his employer did not make its pension contributions in respect of him during this period. He told me that his gross weekly pay was £944.37 (daily rate £188.88) and the respondent admits in its response that £882.90 in pension contributions is outstanding.[5]The claimant has received £5,600 gross for unpaid wages from the Redundancy Payments Service and gives credit for that.[6]Against that background I give judgment for the claimant for breach of contract in respect of employer’s pension contributions of £882.90 and for unpaid wages of £7,432.31 calculated as follows:a. Period of non-payment – 13 weeks and 4 daysb. 13 x £944.37 (weekly rate) £12,276.81c. 4 x £188.88 (daily rate) £ 755.52d. Total £13,032.33e. Less £5,600 £ 7,432.33 Approved by: