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Hello my name is ***** ***** I am happy to help you today. Have they asked the employer to rectify this and repay the unpaid contributions? If so what was the response?
He is in breach of contract. He has to put this right otherwise your friend can raise a claim in the employment tribunal. She should raise a grievance and contact ACAS to start early claim proceedings. She must do this within 3 months of the first time she became aware of it.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
No problem Jill, please do take the time to rate my answer before leaving the site as I am not otherwise credited for my time. All the very best to your friend with the issue and I hope the employer is reasonable and resolves it quickly.
Hi there, she cannot actually make a claim in the employment tribunal for this. One cannot make a claim for breach of contract in the employment tribunal unless their employment has terminated, which does not appear to be the case here. A claim in the tribunal for unpaid pensions would only potentially have been possible as an unlawful deduction of wages claim. However, the Employment Rights Act 1996 specifically excludes pensions from the definition of wages (as per Section 27(2)(c)) and as such she cannot use this route to make a claim in the employment tribunal and must instead take this to the County Court. Therefore, what you have been advised so far is incorrect and she would not have to go through ACAS or the tribunals to pursue this. Instead she would need to make a claim via www.moneyclaim.gov.uk and that would kick start the process in the County Court. Does this clarify things for you?
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