Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?
Posted in : First Tuesday Q&A NI on 5 October 2021
Chris Fullerton
Arthur Cox
The EAT in Somerset County Council v Chambers UKEAT/0417/12 confirmed that pension contributions are excluded from the definition of “wages”. Therefore, a claim for underpaid employer pension contributions would most likely be brought as a breach of contract claim. The claimant can choose to bring a breach of contract claim in either the industrial tribunal or civil courts.
However, tribunals only have jurisdiction to hear claims for breach of contract where employment has been terminated. Therefore, a ‘former’ employee would be able to bring a breach of contract claim in the industrial tribunal provided the claim is brought within any time limitation. Usually, the limitation period
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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