Mr M Clavier v DHL Services Limited — 2024

The claimant transferred to the respondent's Basildon depot on a TUPE transfer. The tribunal found that the contractual terms applying on transfer were those in the claimant's 2017 contract, subject only to agreed increases in pay, and that his salary at transfer was £39,411. The tribunal found that the claimant was not given written proposed new terms before or at transfer, was not told during consultation that a collective agreement would apply, and was not told of implications for sick pay.

The respondent argued that the National Transport Agreement at Basildon governed the claimant's terms and entitled it to exclude London Weighting during sickness absence. The tribunal rejected that argument, finding there was no statutory provision, contractual term, or prior written consent authorising the deduction. It concluded the claimant should have been paid sick pay based on his basic salary under the 2017 contract.

For remedy, the tribunal accepted that the claimant had been underpaid by £709 per month from November 2022 to April 2023 and by £354.50 per month from May to December 2023 after the contractual move to half pay. It awarded £7,056 gross for the unauthorised deductions, with the claimant responsible for any tax or National Insurance.