Mr P G Wignell Mr T Crookes v GAP Group Limited Heard by Cloud Video Platform in Leeds — 2023

The tribunal heard two claims for unauthorised deduction of wages arising from the respondents' refusal to award salary increases for the year ended April 2022. It accepted that both claimants expected increases, but found that their statements of terms and conditions of employment gave them a contractual right to have their salaries reviewed annually, not a contractual right to receive an increase. The tribunal also noted the respondent's internal guidance and the email of 10 March 2022 referring to employees with over six months' service and employees who had received an interim increase, but found that these rules were not made known to the claimants before the decision was taken.

The tribunal rejected Mr Wignell's case that he had been promised an increase by his line manager, and rejected his argument that a general notice about the annual benefit review was a personal offer. It found that the notice was a general announcement and did not create a contractual entitlement. It further found that the respondent's salary-review rules did not satisfy the notoriety element required for an implied term based on custom and practice, referring to the principle in Devonald v Rosser and Sons.

On the tribunal's analysis, the respondent was under no obligation to increase salaries, and the non-payment of a salary increase was authorised by the contractual term stating that the company was under no obligation to increase salary. For that reason, the claims for unauthorised deduction of wages by Mr Wignell and Mr Crookes were dismissed. The tribunal noted that Mr Wignell had raised an informal grievance and Mr Crookes a formal grievance and appeal, but neither was successful, and that both claimants later received salary increases in April 2023.