Mr M Paciorek v Royal Free London NHS Foundation Trust — 2022

The tribunal recorded that the case was a claim for unlawful deductions of wages under section 13 Employment Rights Act 1996. Several complaints were outside the statutory time limit. The tribunal found that the claimant had not shown it was not reasonably practicable to bring those claims earlier, and that allegations A and B were also barred by the two-year backstop for unlawful deduction claims. Allegations A, B, E and G were therefore outside the tribunal's jurisdiction.

Two complaints were considered as in-time. On the claim for payment for one day per week of online study during sickness absence from September 2020 to May 2021, the tribunal found that the claimant had been signed off work and had received his sick pay entitlement. It held that he had not shown an entitlement to additional payment for study during that period, and had not produced evidence of the online study carried out.

On the claim that the claimant was contractually entitled to be paid at the top of Agenda for Change Band 3 during his apprenticeship, the tribunal relied on the appointment letter and terms and conditions signed in March 2019. Those documents stated the Band 3 salary and supplement, and the tribunal found the claimant had not shown a contractual entitlement to the top of the Band 3 scale. None of the claimant's claims succeeded.