Case 1800621/2019 · Employment Tribunal
In person assisted by Mrs L Jeonney v Respondent — 2019
- Case reference
- 1800621/2019
- Decision date
- 20 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain Representation
- Venue
- Sheffield
Parties
1 namedClaimant
In person assisted by Mrs L Jeonney
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal held that the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well founded because the respondent failed to comply with the requirements of section 188. It ordered a protective award requiring the respondent to pay the claimant remuneration for 90 days from 21 December 2018, with the Recoupment Regulations applying.
The tribunal also found that the respondent made unlawful deductions from the claimant's wages by deducting employee pension contributions of £33.40 in each of November and December 2018 and not paying them to the pension provider. It further found breach of contract in relation to unpaid employer pension contributions of £25.05 for each of those months. The stated monetary remedy for those pension-related claims was £116.90.
The judgment gave a direction about the claimant's claim for loss of the value of shares under the respondent's Employee Share Scheme, requiring the claimant to confirm whether it was withdrawn or, if maintained, the basis and quantification of the claim. The text does not record a final adjudication of that share scheme claim.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188 was well founded. The tribunal made a protective award of 90 days' remuneration beginning on 21 December 2018, but did not state a monetary amount. | Upheld | — | — |
| Unlawful deduction from wages | The respondent deducted £33.40 from wages in both November 2018 and December 2018 as employee pension contributions and failed to pay those sums to the pension provider. | Upheld | — | £67 |
| Breach of contract | The respondent failed to pay employer pension contributions of £25.05 for both November 2018 and December 2018 to the pension provider. | Upheld | — | £50 |
Remedy
Monetary award- Total award
- £117
- across all upheld claims
Legal tests applied
3 references- section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(3) of the Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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