Miss. N Nahar v The Chief Constable of Nottinghamshire Police — 2024

The tribunal identified two unauthorised deductions complaints: alleged underpayment of overtime and alleged non-reimbursement of the balance of a deduction made after overtime had been paid at an incorrect enhanced rate. Attempts to add other complaints, including discrimination matters, had been refused before the hearing and were not adjudicated in this judgment.

On the overtime complaint, the tribunal found that staff were required to record working hours and overtime on the DMS system, that the Claimant knew of that requirement, and that she had not evidenced that the additional overtime claimed was properly payable. The tribunal accepted that the Respondent had made a 100-hour ex gratia payment and found that this was not a sum the Respondent was obliged to pay at a higher rate.

On the deduction for the enhanced-rate overtime overpayment, the tribunal accepted that the deduction had not been recovered in accordance with the contractual deductions clause, but found it was an excepted deduction under section 14(1)(a) Employment Rights Act 1996 because it related to an overpayment. The tribunal also found that, after retroactive payments and a later reconciliation payment, the Claimant had received more than the deduction made on 26 August 2022. Both complaints failed and were dismissed.