Mr A Harper and others v Alliance Healthcare Management Services Ltd — 2024

The tribunal determined the case at a preliminary hearing by reference to the parties’ agreed list of issues. It held that the claimants, who were all drivers, could not rely on the Alloga Staff Handbook 2017 for overtime or bank holiday enhancements because that handbook applied to warehouse staff, while drivers were covered by separate contractual and handbook provisions.

On overtime, the tribunal found that the contractual documents for drivers measured working time by reference to a guaranteed 48-hour week with overtime up to 60 hours in a week, not by daily hours. It therefore rejected the contention that the claimants were entitled to overtime pay upon exceeding prescribed daily hours. On bank holiday working, it likewise found no entitlement for drivers to an enhanced rate under the 2017 staff handbook.

On CPC training, the tribunal found that refresher training was a legal requirement for HGV drivers personally and that the respondent offered training sessions but did not direct claimants to attend any particular session, or necessarily to attend the respondent’s own sessions at all. Drivers could train elsewhere or may already have completed the training. The tribunal therefore concluded that the claimants were not directed by management instruction to undertake the training and dismissed the wages claims. The holiday pay claims, which depended on the alleged underpayments, were also dismissed.