Mr S Khan v Engie Services Limited — 2019

The tribunal identified the case as a claim for unlawful deduction from wages under section 13 of the Employment Rights Act 1996. The claimant said that after his July 2017 relocation from Blackburn Hospital to Tameside General Hospital he had not been paid what he was due, including alleged shortfall in pay, travel expenses, overtime, and sick pay.

On the evidence, the tribunal found that the claimant’s annual salary of £16,698 had not changed on relocation and that his belief he was being paid less was linked to confusion about net pay and deductions, and to reduced overtime opportunities at the new site. The tribunal also found there was no evidence of any entitlement to mileage or travel expenses for travel to his base location, and no sufficient evidence that overtime worked had gone unpaid.

The tribunal held that the travel expenses and overtime aspects were presented out of time under section 23 of the Employment Rights Act 1996 and that it had been reasonably practicable to bring them earlier. As to sick pay, although the payslips and adjustments were confusing, the tribunal accepted the respondent’s evidence and spreadsheet showing that the claimant had in fact received the full six months’ contractual sick pay. The claim was therefore dismissed.