Case 1404112/2023 · Employment Tribunal
Mr Kevin Paltridge Mr Richard Winter Mr Thomas Wood Mr Gerry Clark and 48 others, as shown in the attached schedule. v Automobile Association Developments Limited — 2025
- Case reference
- 1404112/2023
- Decision date
- 19 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Le Grys
Parties
2 namedClaimant
Mr Kevin Paltridge Mr Richard Winter Mr Thomas Wood Mr Gerry Clark and 48 others, as shown in the attached schedule.
Key findings
Tribunal's reasoningThe Claimants challenged written particulars of employment concerning working hours and overtime, contending that the particulars should have stated that hours beyond specified contract hours, including end of shift overtime, were voluntary. The Tribunal recorded that the original breach of contract claim had been withdrawn and dismissed by consent and replaced by a reference under sections 11 and 12 of the Employment Rights Act 1996.
The Tribunal found that the RSAN and R1 contracts set out variable working arrangements, maximum compulsory shift lengths, and compulsory end of shift overtime where work was available. It found that these particulars accurately reflected the parties' agreement, and that the dispute was not about a change in particulars but about how rostered hours and end of shift overtime were divided within the working day.
For the RP contracts, the Tribunal accepted that the contracts contained less detail than the RSAN and R1 contracts, but found that they stated annual and weekly hours and explained that start and finish times and shifts could vary according to operational requirements. The Tribunal concluded that each contract complied with the statutory requirements and accurately reflected the agreement reached, and that any further dispute about interpretation of the contracts was outside the Tribunal's jurisdiction.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The adjudicated claim was a reference under sections 11 and 12 Employment Rights Act 1996 about whether the written particulars of employment should state that hours beyond specified rostered hours, including end of shift overtime, were voluntary. The Tribunal confirmed the particulars as given by the employer and did not amend or substitute them. | Dismissed | — | — |
| Breach of contract | The original breach of contract complaint was withdrawn and dismissed by consent on consolidation, and substituted by the sections 11 and 12 ERA reference. | Withdrawn | — | — |
Legal tests applied
12 references- sections 11 and 12 Employment Rights Act 1996
- section 1 Employment Rights Act 1996
- section 1(4)(c) Employment Rights Act 1996
- section 4 Employment Rights Act 1996
- section 38 Employment Act 2002
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Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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