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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52174
Experience:  Qualified Solicitor
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A friend of mine has found out that her employer has not

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A friend of mine has found out that her employer has not paid her pension contributions into her pension fund since February. This is both her contributions and the employers contributions. She asked him about this and he said that neither he, nor his accountant knows anything about it. All staff received letters telling them of the lack of payments. Please advise
Assistant: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: It is possible that the employees have also been paying at least part of the employers contributions

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?

Customer: replied 1 month ago.
He said that he didn't know anything about it. He has not offered to repay anyone's contributions
Customer: replied 1 month ago.
He said that he will look into it and read some books

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.

Customer: replied 1 month ago.
Thank you very much Jenny. I have passed this on to my friend and she will follow your advice. Thanks again. Jill

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?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52174
Experience: Qualified Solicitor
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