Mr Kenan McGrath v Behold.ai Technologies Limited — 2024

The claim was for unauthorised deductions from wages under section 13 of the Employment Rights Act 1996. The hearing was on 1 November 2024 before Employment Judge Tsamados sitting alone. The respondent did not attend. The tribunal refused the adjournment request, noting that the respondent had not provided the further information ordered and had sent witness statements that did not address the substance of the claim, so the hearing proceeded on the claimant's evidence and a payslip dated 31 October 2023.

The tribunal found that the amount properly payable to the claimant for each of November and December 2023 and January and February 2024 was £8,333.33 gross per month and that this was not paid. It also found that employee pension contributions of £146.76 per month for July to October 2023 were deducted from the claimant's wages but not paid over to the NEST Pension Scheme, amounting to £587.04 in total. The claimant's attempt to recover employer pension contributions failed because those sums were outside the tribunal's jurisdiction, being excluded from wages by section 27(2)(c) of the Employment Rights Act 1996 and not deductions from wages.

The tribunal therefore upheld the unlawful deduction from wages complaint and awarded £33,920.36 gross in total. The judgment states that the claimant is responsible for any tax or National Insurance due on the payment.