Mr Colin Carman Second Claimant: Mr Husan Sahota v British Airways plc — 2023

The tribunal found that both claimants accepted written variations of contract in March 2017, moving from Paint Bay roles to Ground Operations roles at a salary of £18,235 from 4 April 2017. It rejected the claimants' case that their higher Paint Bay salary was preserved pending further negotiations, finding that the documents and contemporaneous emails supported the respondent's case that later payments at the higher rate were inadvertent overpayments.

The tribunal found that COT3 agreements signed on 6 April 2017 were valid and were not entered into under economic duress. It found that there may have been pressure to sign, but not illegitimate pressure, and that reasonable alternatives were available. It also found that the COT3 clawback clause applied to the Second Claimant's redundancy payment, reducing the statutory amount from £11,565.47 to £254.47.

The unauthorised deduction from wages claims were dismissed because the deductions were made to reimburse salary overpayments, bringing them within section 14 of the Employment Rights Act 1996. The Second Claimant was entitled to 4 weeks' notice pay because he received 8 weeks of a 12-week notice entitlement, but the tribunal left the quantum unresolved pending clarification of possible contractual deductions for overpayments. The holiday pay claim was dismissed because it was not separately identifiable from the wages claim on the payslips.