Hardie v Network Scaffolding Contractors Ltd — 2022

The claim was a claim under section 23 of the Employment Rights Act 1996 for unlawful deductions from pay. The claimant was a scaffolder with a valid CISRS card, and his written statement of particulars said his basic wages would be paid “as per CIJC working rule agreement”. The tribunal found that, under the CIJC Working Rule Agreement, that meant he was entitled to the Craft Operative rate rather than the Skilled Operative rate 1 that had been paid from March 2018 until 28 June 2021.

The tribunal rejected the respondent’s arguments that the bonus payment of £1 per hour and the daily travel-time payment could be set off against the basic hourly rate. It found those were separate contractual entitlements, agreed at the start of employment, and not payments that could be used to meet the claimant’s basic wage entitlement. It also rejected reliance on working rule 6.2, finding there was no evidence of an agreement for alternative shift working arrangements or a different rate for specific jobs or sites.

On variation, the tribunal held that the claimant objected to the lower rate from the outset, raised it again with management in 2018, and later pursued a grievance on 29 April 2021, so it could not conclude that he had accepted a unilateral change by continuing to work. The parties agreed the unlawful deduction sum at £2,175.09, and the tribunal also awarded £100 under section 24(2) ERA 1996 for lost employer pension contributions.