Mr K Niouman v Barts Health NHS Trust — 2023

The claimant brought claims for unauthorised deductions from wages concerning London Weighting Allowance, overtime at time and a half, and holiday pay. The tribunal applied the Employment Rights Act 1996 provisions on deductions and wages, and considered whether the sums claimed were properly payable under the claimant's legal or contractual entitlements.

On holiday pay, the tribunal found that the claimant was not saying he had been underpaid for holidays actually taken, but was seeking more holiday entitlement. The claimant accepted in evidence that he had suffered no deductions from holiday pay, and the tribunal found he had received the pay properly payable when on holiday.

On London Weighting Allowance, the tribunal found the claimant had not been paid the allowance by ERS before the TUPE transfer and had not shown any enforceable right against the respondent to receive it after transfer. On overtime, the tribunal found that previous or isolated payments at a premium rate did not create an entitlement to premium-rate overtime generally, and accepted the respondent's evidence that overtime was payable at the flat rate. All claims failed and were dismissed.