Mr Richard Allbury v London Borough of Southwark — 2023

The claim concerned whether the claimant, a carpenter employed by the respondent, had been paid properly after implementation of the Southwark Trade and Craft Agreement 2021. The parties agreed the issue was whether his wages were paid in accordance with the collective agreement, including whether he had been correctly identified as a Craft Operative and whether there was a process to challenge that grading.

The tribunal found that the collective agreement had been properly implemented and applied to the claimant. His salary had been calculated by reference to the agreed assimilation formula, and his experience had been taken into account to the extent provided for by the collective agreement, which did not provide additional pay for experience beyond three years.

The tribunal found that the respondent had not taken reasonable steps before the hearing to bring to the claimant's attention the internal process introduced in August 2022 for challenging career grade assimilation. However, for the unauthorised deductions claim, the tribunal concluded it could not conduct the internal evaluation itself and that, as at the claim and hearing dates, the claimant had been paid properly at the Craft Operative grade. The claim was dismissed.