Mr J Efeotor v Network Rail Infrastructure Limited — 2024

The Claimant sought £1,250 in back pay for Sunday working between 1 January and 1 July 2020. He pleaded the claim in the alternative as breach of contract or unauthorised deduction from wages. The pay dispute had been pursued through the RMT and was later addressed in a March 2023 pay award agreed between the Respondent and recognised trade unions.

The Tribunal found that, as a breach of contract claim, the claim did not arise or remain outstanding on termination for the purposes of Article 3(c) of the 1994 Order. No breach of contract claim had been brought by the date the Claimant's employment ended on 26 May 2021, and the later pay award applied to current employees and was extended only to certain former employees employed on or after 1 January 2023, which did not include the Claimant.

For completeness, the Tribunal also found that any breach of contract claim was not brought within the Article 7 time limit and that it had been reasonably practicable to bring it within three months of termination. As an unauthorised deduction from wages claim, the Tribunal found it was also out of time and outside the two-year limit in section 23(4A) ERA 1996. The Tribunal concluded that, whether characterised as breach of contract or unauthorised deduction from wages, the claim had no reasonable prospect of success and struck it out under Rule 37.