Case 1801776/2022 · Employment Tribunal
Mr D Helstrip and others (Schedule attached) v Nestle UK Ltd — 2022
- Case reference
- 1801776/2022
- Decision date
- 10 August 2022
- Jurisdiction
- England & Wales
- Venue
- Leeds
Parties
2 namedClaimant
Mr D Helstrip and others (Schedule attached)
Respondent
Key findings
Tribunal's reasoningThe claimants were engineering technicians at the respondent's York factory who were selected for voluntary redundancy, with employment ending on 31 December 2021 and payments in lieu of notice. They claimed that the respondent should have included the 2021 annual wage increase in their voluntary redundancy payments and should have paid arrears for April to December 2021.
The Tribunal found that the claimants' contracts incorporated relevant collective agreements, including the redundancy provisions. It held that the national pay agreement communicated in November 2021 was unambiguous: a 3.5% increase for 2021 took effect from the normal anniversary date, which for York was April 2021, and the January 2022 payroll was only the administrative point at which back payments would be made.
The Tribunal rejected the respondent's argument that entitlement depended on being employed when the increase was implemented in payroll. It concluded that the claimants' contractual wage at their leaving date included the 2021 increase, so the respondent breached their contracts by not including that increase in voluntary redundancy calculations and by not paying arrears for April to December 2021. Remedy was reserved for a further hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The Tribunal found breach of contract. Remedy was expressly left to be dealt with at a further hearing. | Upheld | — | — |
Legal tests applied
5 references- Investors Compensation Scheme Ltd v West Bromwich Building Society (No.1)
- Autoclenz Ltd v Belcher and others
- Leyland Vehicles Ltd v Reston
- section 145(5) Employment Rights Act 1996
- section 86 Employment Rights Act 1996
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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