Case 2416497/2018 · Employment Tribunal
Mr D Rankine v Open Forum Events Limited — 2019
- Case reference
- 2416497/2018
- Decision date
- 1 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sherratt REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Mr D Rankine
Respondent
Key findings
Tribunal's reasoningMr D Rankine brought a claim against Open Forum Events Limited for an alleged failure to pay pension contributions, identified in the reasons as ten contributions of £500 each totalling £5,000. The matter came before Employment Judge Sherratt at Manchester on 4 October 2019, with Mr Rankine appearing in person and Mr C Cram appearing for the respondent.
The tribunal recorded that the claim had been pleaded as a complaint of unlawful deduction from wages. After hearing evidence from Mr Rankine, Mr Cram and Mrs Murray, the tribunal raised the issue of jurisdiction and considered whether employer pension contributions fall within the definition of wages for the purposes of the Employment Rights Act 1996.
The tribunal concluded that employer pension contributions are not wages for the purposes of Part II of the Employment Rights Act 1996, referring to section 14 and section 27 of the Act and to Somerset County Council v Chambers UKEAT/0417/12/KN. On that basis, it held that it had no jurisdiction to deal with the claim and dismissed it. No award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim concerned alleged failure to pay employer pension contributions, stated as ten contributions of £500 each totalling £5,000. The tribunal dismissed it because it held there was no jurisdiction to treat employer pension contributions as wages under Part II of the Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
3 references- s.14 ERA 1996
- s.27 ERA 1996
- Somerset County Council v Chambers UKEAT/0417/12/KN
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.
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