In-person For the v PDA Enfield Limited — 2021

Mr T Malins worked for PDA Enfield Ltd from 23 September 2019 to 31 July 2020 under a fixed-term contract paying £30,000 per annum. The respondent did not present a response and default judgment was entered. The tribunal considered claims about unpaid wages, pension-related deductions, unpaid holiday pay and the failure to provide itemised payslips.

On the wage deduction issue, the tribunal accepted that the outstanding salary figure of £2,841.75 had been paid shortly after the claim was lodged, so no financial award was made for that amount. It nevertheless held that the respondent's failure to pay the wages on time amounted to an unauthorised deduction from wages under s.13 ERA 1996 and made a declaration accordingly.

On the pension issue, the tribunal held that employer pension contributions themselves were not recoverable as wages, but it distinguished those from deductions taken from the claimant's salary for pension purposes. It accepted the claimant's evidence that two £50 deductions in October and November 2019 had not been paid over, and found unauthorised deductions totalling £100.

The tribunal also found that the claimant had taken no holiday during a ten-month period spanning one holiday year and was entitled to 4.79 weeks' accrued but untaken leave. It awarded £2,763.46 gross for holiday pay under the Working Time Regulations 1998. It further found that the respondent failed to provide itemised payslips contrary to s.8 ERA 1996, but no separate monetary award is recorded for that complaint.