Dr N Alsadi v North West Anglia NHS Foundation Trust — 2024

The claim concerned additional out-of-hours reporting payments for January to March 2023. Dr N Alsadi said he had time-shifted NHS work and so was entitled to claim ZZX reporting during the hours shown on his job plan. The tribunal found that his contract and job plan required agreement for any flexibility in when programmed activities were done, that there was no agreement allowing unilateral time-shifting, and that the May 2022 email relied on by the claimant was not such an agreement. It also found that the Respondent's position that ZZX work had to be done outside NHS contracted time was reiterated at the 19 January 2023 meeting and in the 20 January 2023 email, and that the claimant did not seek clarification.

Alison Dalby's investigation was found to be careful and thorough. On the evidence she reviewed, £14,808 of the £27,283 claimed was properly payable: £5,829 of the 20 January 2023 claim, £4,851 of the 27 February 2023 claim, and £4,128 of the 15 March 2023 claim. The Respondent accepted that £14,808 was owed and judgment was entered by consent for that sum gross; the remaining £12,475 was dismissed because the claimant had not shown a legal entitlement to it within section 13 of the Employment Rights Act 1996.

The claimant's July 2024 application to add whistleblowing, victimisation and injury to feelings was refused under the Selkent and Vaughan amendment principles because it was a late, substantial new complaint raising different factual issues and would have required the hearing to be re-listed. Those proposed claims did not form part of the final merits decision.