Mr. M. Santos Dorneles v Respondent — 2021

The claim was brought as a claim for unauthorised deductions from wages. The claimant said he was told to go home on 6 May 2021, then suspended on full pay on 8 May and 9 May, but that he was not paid after that point. He also said he attended an investigation meeting on 11 May, received a May payslip without a corresponding bank payment, and was later told his account was frozen. The tribunal noted his additional reference to underpayments on earlier payslips, but he had not identified the relevant dates or amounts.

The respondent did not present a response by the ET3 deadline. The tribunal was satisfied that the claim had been served at the registered office address, that the proceedings should have come to the respondent's attention, and therefore gave judgment for the claimant in default under rule 21. Applying section 13 of the Employment Rights Act 1996, the tribunal accepted the claimant's figures and found that he had been unpaid from 7 May 2021 for 23 weeks. On the basis of monthly pay of £2,688 before statutory deductions, it awarded £14,267.08 before statutory deductions.

The tribunal also noted an August 2021 letter from the claimant's pension fund saying the employer contribution had not been paid. It held that it had no jurisdiction over employer pension contributions while employment continued, but said the claimant could bring a breach of contract claim in respect of any employer contributions still unpaid on termination of the contract.