Ms R Abdullahi v Solo Service Group Ltd and 4 others — 2022

The claim arose from a proposed COVID-19-related reduction in contracted hours for cleaners transferred into the respondent's employment under TUPE. The remaining claimants' contracts included a clause stating that hours of work were subject to variation only by mutual agreement between the employee and a manager or supervisor. The respondent consulted on a reduction of 3 hours and 22 minutes per week, but the changes were implemented without signed agreement. Ms F Ali's claim was withdrawn when it became apparent that overtime had mitigated any loss.

Applying the objective approach to contractual interpretation in Arnold v Britton and Charterbrook Ltd v Persimmon Homes Ltd, and the authorities on contractual variation including Simmonds v Dowty Deals Ltd, Hepworth Heating Ltd v Akers and International Packaging Corporation (UK) Ltd v Balfour, the tribunal held that the contract did not permit a unilateral reduction in hours. It found that none of the remaining claimants agreed to the change, so the respondent's imposed reduction was a breach of contract. The tribunal also accepted that the claimants were ready and willing to work their original contracted hours.

The tribunal held that the failure to pay for the hours removed by the respondent amounted to an unlawful deduction from wages under section 13 of the Employment Rights Act 1996. In explaining the wage analysis, the tribunal referred to Agarwal v Cardiff University, Delaney v Staples, Hussman Manufacturing Ltd v Weir, Beveridge v KLM UK Ltd and Capek v Lincolnshire County Council. The tribunal also noted that consultation defects did not affect the outcome because the contractual term required agreement.

Remedy was agreed by consent, so the written reasons dealt only with liability. The order records compensation of £1,114.68 for Ms R Abdullahi plus a £76.00 goodwill sum, £2,788.36 for Ms A Sahal plus a £118.75 goodwill sum, £275.02 for Ms Z Adow, and £1,272.17 for Ms S Mohammed plus a £61.75 goodwill sum. The total amount payable under the order was £5,706.73.