Mr. P.K. Upadhyay v Manchester University NHS Foundation Trust — 2025

The claimant, a Speciality Doctor employed by Manchester University NHS Foundation Trust between September 2022 and September 2023, brought two unlawful deduction from wages claims under s13 of the Employment Rights Act 1996. The first concerned non-payment for additional weekend shifts; the second concerned his placement on the spinal pay point of the Speciality Doctor pay scale. The matter was heard by Judge Callan sitting alone at Manchester by CVP on 7 February 2025, with the decision reserved.

On claim 1, the tribunal found that the claimant had only complied with the respondent's requirement to submit a claim for payment within three months of work being performed in respect of the shifts on 12 and 13 November 2022 and 24 and 25 June 2023. Other shifts within claim 1 were submitted outside that internal procedure and so were not held to have been unlawfully deducted. The November 2022 non-payment was treated as forming a 'series' with the June 2023 non-payment (each being for £1,170 gross and attributable to payroll error rather than a deliberate withholding), bringing the earlier date within time. With the ACAS s207B extension, the tribunal had jurisdiction and upheld claim 1 in part, awarding £2,340 gross calculated at £65 per hour for nine hours on each of the two days, subject to tax and National Insurance.

On claim 2, the tribunal interpreted Schedule 12.5 of the Speciality Doctor 2021 Terms and Conditions and accepted the NHS Employers' organisation's view (email of 20 September 2023) that prior Locally Employed Doctor or clinical fellow service mirroring the 2002/2016 TCS is not 'equivalent' to Speciality Doctor service and so cannot be counted towards starting salary. The claimant's argument that his 16 years of NHS experience should be taken into account was rejected as the contractual provision is limited to service on a Speciality Doctor grade contract. Claim 2 was dismissed.