Mr S Howlett Mr L Gartland v Home Office — 2022

The claimants transferred from Prison Service roles to Home Office or Border Force roles and challenged the removal of an embedded pay element which they said formed part of their basic salary. The respondent's position was that the claimants moved to different roles under Home Office arrangements and that their previous Prison Service salary was adjusted to remove the unsocial hours element and account for the reduction from 39 to 37 hours.

The Tribunal found that both claimants were aware before moving that the 17% element would be deducted. It found that Mr Gartland had protested immediately and that Mr Howlett had not affirmed the contract, but concluded that affirmation was not determinative because the claimants had not established a contractual entitlement to retain the Prison Service pay element after moving to the respondent.

The Tribunal accepted that departments and agencies within the Civil Service could set their own terms and conditions and found no document, custom and practice argument, or union evidence establishing that the claimants' previous basic pay had to be maintained. The Tribunal noted concerns about lack of transparency and documentation in the recruitment process, but held that the wages paid were not shown to be contractually incorrect. The unlawful deduction claims were therefore dismissed.