Mr D Tomaszewski v Tech Soul Limited — 2024

The Respondent did not attend the hearing and had entered no response. Employment Judge Reid, sitting alone at East London Hearing Centre via CVP on 1 August 2024, found that the Respondent had made unlawful deductions from the Claimant's wages contrary to s13 Employment Rights Act 1996 by deducting employee pension contributions of £58.15 per month across 13 months (January to August 2022, December 2022, and July to October 2023) and failing to pay those contributions into the NEST pension scheme, totalling £755.95.

The Tribunal further found that the Respondent had failed to provide the Claimant with a written statement of his terms of employment contrary to s1 Employment Rights Act 1996, and made an additional award of 4 weeks' pay under s38 Employment Act 2002, amounting to £2,269.20. The Tribunal also made a declaration that the Respondent had failed to issue itemised payslips for the months of employment between January 2017 and October 2023 contrary to s8 Employment Rights Act 1996. The total sum payable was £3,025.15, due within 14 days under Rule 65 of the Tribunal Rules 2013.

The Tribunal held that it did not have jurisdiction over the Claimant's wages claim in respect of unpaid employer pension contributions, and that claim was dismissed. The Tribunal also noted it had no legal powers in relation to the Respondent's failure to account to HMRC for tax and NICs deducted in August, September and October 2023.