Mr A. Medlycott v Department for Work and Pensions — 2019

The claimant, a grade 7 senior operations manager, sought a responsibility allowance for day-to-day supervision and support he gave to grade 6 clinical healthcare professionals. The tribunal accepted that he did a great deal of supervision which might otherwise fall to a line manager, and noted that some managers regarded his request as fair in the unusual circumstances.

The unlawful deductions claim failed because the tribunal held that the allowance was not a legal entitlement. On the wording of the policy it was payable for managing or supervising colleagues of the same grade, whereas the claimant was a grade below the clinical HCPs. The tribunal found that any unfairness did not make the allowance properly payable as wages.

The age discrimination claim also failed. The tribunal considered actual and hypothetical comparators and found that the respondent's reason for refusing the allowance was the claimant's grade, not his age or proximity to retirement. It found no basis to infer that a younger grade 7 employee in the same role would have received the allowance, or that the grievance or appeal handling was because of age.