- IN PERSON FOR THE v Respondent — 2023

At a short hearing on 23 June 2023, Employment Judge Cadney sat alone and heard evidence from the claimant and from Mr Ben Richmond and Mr Barry Sage for the respondent. The claimant confirmed that the discrimination box on the ET1 had been ticked in error, and the case proceeded only on monetary claims for unlawful deduction from wages and/or breach of contract.

On the BYOD payment, the tribunal held that the £2,000 payment for a laptop, mobile phone and related accessories was expressly described in the contract and BYOD policy as being paid through payroll and liable to tax and National Insurance deductions. The tribunal accepted the respondent's case that, assessed at the time of payment, the deduction was required and lawful, so the claimant's challenge to the tax and NIC treatment failed.

The tribunal also rejected the claim about the ending of the on-call allowance from 1 July 2019. Although it accepted that the claimant complained in general terms, it found that he continued to work the on-call rota for about three and a half years without lodging a grievance, formally protesting in writing, or making clear that he was working without prejudice to his contractual rights. Applying the contract variation authorities it cited, the tribunal found that he had objectively accepted the change.

The bonus clawback claim also failed. The tribunal construed the 22 October 2022 bonus email as requiring the claimant to be a 'current and continuing employee' up to and including 31 December 2022. Because his notice meant that 31 December 2022 was his last day of employment, the tribunal held that he was not a continuing employee for the purpose of the bonus criteria, and that clause 7.10 authorised recovery of the £4,000 from final pay.

The expenses claim succeeded only in part. The respondent accepted that £102.55 was owed for a Cardiff trip, and that sum was upheld. The tribunal rejected the further Guildford travel claims totalling £68.13 because, on the contract's wording, the Guildford office fell within the claimant's normal place of work. The tribunal therefore ordered payment of £102.55 and dismissed the remaining claims.