Claimant v London United Busways Ltd — 2023

The claimant worked as a bus driver for the respondent and its predecessor for over 35 years before resigning, with his employment ending on 29 July 2022, to care for his wife. A driver pay increase was later agreed through collective bargaining, implemented on 16 September 2022, including a 9% increase backdated to 4 December 2021. The claimant sought £1,901.99 for the backdated increase up to his leaving date.

The tribunal found that the claimant had been paid the rate of wages current during his employment and that the later backdated increase applied only to employees still employed on the implementation date. The claimant could not identify any express contractual term, incorporated collective agreement, subsequent agreement, or established custom and practice giving leavers a right to receive back pay after employment ended.

The tribunal concluded that the burden was on the claimant to show legal entitlement to the money claimed. Because he had no ongoing contractual relationship when the increase was agreed and no contractual or implied right to the payment after leaving, the claim for arrears of pay failed.