Mr Eric Adjei v The Secretary of State for Justice — 2022

The claimant, a prison officer, brought a claim under section 13 of the Employment Rights Act 1996 for unlawful deductions from wages. The claim related to three overtime bedwatch shifts worked at establishments other than HMP Wandsworth. The respondent accepted the shifts were worked but argued that payment was not due because the claimant had not met relevant protocols and preconditions.

The tribunal found that the claimant had submitted valid requests for payment, although not through the respondent's preferred timecard method. It found that for some protocol points the respondent had either waived strict requirements or the claimant had complied sufficiently, including by obtaining verbal permission and providing required information verbally.

For the 3 June and 16 June 2020 shifts, the tribunal found the claimant was not entitled to payment because those bedwatches were outside the M25 and HMP Wandsworth had not amended its policy restricting such work at the relevant time. For the 11 July 2020 shift, the tribunal found the claimant had satisfied the applicable precondition by obtaining assurance that a defensible decision log would be completed, and any failing by the other prison in completing it did not prevent payment being properly payable. The respondent was ordered to pay £374, subject to deductions for income tax and National Insurance.