Case 3200792/2024 · Employment Tribunal
Mr R Busby v The British Council — 2024
- Case reference
- 3200792/2024
- Decision date
- 26 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gordon Walker
Parties
2 namedClaimant
Mr R Busby
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the respondent made unauthorised deductions from the claimant’s wages contrary to section 13 Employment Rights Act 1996 because overtime pay had not been included in the claimant’s regulation 13 Working Time Regulations 1998 holiday pay. That was the only claim upheld.
It dismissed the other pleaded deduction claims, namely the assertions that bonus pay should have been included in regulation 13 holiday pay, that overtime and/or bonus pay should have been included in regulation 13A holiday pay, and that overtime and/or bonus pay should have been included in contractual holiday pay. The judgment records that these other claims were not well founded.
Although the claimant succeeded on one deduction issue, the tribunal made no monetary order under section 24 ERA 1996. It found that the respondent had already paid or repaid any amount due, so no sum was payable. The tribunal also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Grievance Procedures, but because no award was made there was no section 207A uplift.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that the respondent made unauthorised deductions from wages by failing to include overtime pay in its payment of regulation 13 Working Time Regulations 1998 holiday pay. No monetary order was made under section 24 ERA 1996 because the tribunal found the respondent had already paid or repaid any such amount. | Upheld | — | — |
| Unlawful deduction from wages | The allegation that the respondent failed to include bonus pay in regulation 13 Working Time Regulations 1998 holiday pay was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The allegation that the respondent failed to include overtime and/or bonus pay in regulation 13A Working Time Regulations 1998 holiday pay was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The allegation that the respondent failed to include overtime and/or bonus pay in contractual holiday pay was dismissed. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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