In person For the v ISS Facility Services Limited — 2020

The tribunal considered whether the Claimant had been paid all salary due, whether pension contributions had been paid to the pension scheme provider, and the significance of a P45 apparently issued in error in 2019. The Claimant appeared in person and the Respondent did not attend, though it had provided a written statement and documents.

On salary, the Claimant accepted the Respondent's evidence that she had eventually been paid all salary due, while pointing out that some payments had been late. On pension contributions, the tribunal found clear evidence that no employer or employee contributions had been paid into the scheme since April 2018, despite deductions of £100.83 per month from the Claimant's salary from August 2019. The tribunal found this was a breach of contract and expected the Respondent to remedy it urgently, but made no award.

The tribunal accepted the Respondent's confirmation that the P45 sent on 18 September 2019 had been sent in error. On the Claimant's evidence, it found that she had continuity of employment from 2008, and that more than one TUPE transfer during that period had not affected her continuity.