Mr L Linton v Amey Services Limited — 2023

The claimant was employed by the respondent as a carpenter/joiner at HMP Brinsford. He claimed that his wages should have included a 15% shift allowance for working weekends, in addition to his salary, overtime, and standby/on-call allowance. The tribunal identified the central issue as whether that allowance was properly payable to him under section 13 of the Employment Rights Act 1996.

The tribunal found that the claimant's written contract did not contain any express term entitling him to the 15% shift allowance, and that there had been no oral agreement or discussion creating such an entitlement. The claimant accepted that he had received the salary, overtime payments, and standby allowance provided for in his own contract.

Although some other employees in the same role had contracts including a 15% shift allowance, the tribunal found that this did not create a contractual or other legal entitlement for the claimant. It found no basis to imply such a term into his contract by custom and practice or otherwise. The claimant had received all wages properly payable to him, so the unlawful deductions from wages claim failed and was dismissed.