Mr T Akwasi v Nottinghamshire Healthcare NHS Foundation Trust — 2022

The tribunal found that after resigning from his substantive employment, the claimant re-joined the respondent in January 2019 under a bank registration contract as a worker rather than an employee. Under that contract, the respondent was under no obligation to offer work, the claimant was under no obligation to accept work, and payment was only due for work actually done and authorised. The judge described the arrangement as "no work no pay".

Between January and November 2021, while safeguarding allegations were investigated, the respondent did not offer the claimant any bank shifts. The tribunal held that no wages were properly payable during that period because the claimant did no work, submitted no timesheets, and the contract did not guarantee work or pay. Applying ordinary contractual principles, the tribunal therefore rejected the unlawful deductions claim and also found no breach of contract in not paying the claimant during that period.

The tribunal further found that the claimant had not accrued holiday during January to November 2021 because he did not work during that period. It therefore rejected the claim for unpaid accrued holiday pay on termination. The judge stated that the reason why work was not offered was not relevant to the contractual analysis required in this case.