Mr J Moss v East of England Ambulance Service NHS Trust — 2021

The tribunal considered a single claim for unlawful deduction from wages based on the claimant's contention that he should have been paid at Band 6 as a fully qualified paramedic from March 2020. At the outset of the hearing, the judge limited the case to the alleged wage shortfall and did not consider the claimant's separate claimed amounts for extra hours worked or for inconvenience and effects on health.

The tribunal found that progression along the student paramedic pathway involved qualification stages, including approved training and HCPC registration, before Band 6 status was reached. Although there was a general expectation that student paramedics would qualify within about 2.5 years, the tribunal found that this was not a contractual entitlement. The respondent had already moved the claimant to a higher Band 5 spine point in 2018 despite delays in academic provision, and the claimant did not complete the documentation evidencing full qualification until 8 March 2021.

On that basis, the tribunal concluded that the claimant was paid at the proper rate from March 2020 and that he was not entitled to Band 6 pay before he had fully qualified. The unlawful deduction from wages claim therefore failed and was dismissed.