Ms E McCarroll v Mr R Jones t/a RGSR Farms — 2025

Ms E McCarroll presented her claim on 10 March 2025 and the respondent did not present a valid response on time. The tribunal proceeded in the absence of both parties at a CVP hearing on 31 July 2025 and determined the claims on the available information. It extended time for the unauthorised deduction and written itemised pay statement complaints because it was not reasonably practicable to present them within the ordinary time limit and they were brought within a further reasonable period.

The complaint of unauthorised deduction from wages failed. The tribunal held that pension contributions paid by the employer to the pension provider on the worker's behalf do not fall within the definition of 'wages' for the purposes of the Employment Rights Act 1996, so the tribunal had no jurisdiction to consider that complaint.

The tribunal upheld the redundancy payment claim under section 163 Employment Rights Act 1996 and found the claimant entitled to £1,558.48. It also ordered a further £1,558.48 to compensate for financial loss attributable to the failure to pay the redundancy payment. In relation to the written itemised pay statement complaint, the tribunal found a failure to provide the required statements under section 8 Employment Rights Act 1996. Separately, it found the respondent was in breach of the duty to provide a written statement of employment particulars and, applying section 38 Employment Act 2002, awarded £389.62, stating that two weeks' gross pay was appropriate and that four weeks' gross pay was not just and equitable.