C Devlin (counsel) For the v Respondent — 2023

The claimant, a service delivery assistant employed by First Great Western Limited, brought a claim under section 13(1) of the Employment Rights Act 1996 alleging unauthorised deductions from wages while she was on sick leave after being assaulted at Twyford Station on 1 July 2022. Her contract provided six weeks at full pay and then six weeks at half pay in the first six months of employment. She relied on section 17(b) of the respondent’s Blue Book policy, which allowed enhanced sickness pay for employees assaulted in the course of their employment.

The tribunal held that the decisive question was whether the assault took place in the course of the claimant’s employment. It preferred the claimant’s submission that the Blue Book should be read according to its ordinary and natural meaning, rather than through vicarious liability authorities said by the respondent to be relevant to the wording. On the facts, the assault occurred before the shift started, while the claimant was parking her car. Although she was in uniform, on the respondent’s premises, and using a staff parking space, she was not carrying out a duty for the respondent at the time.

The tribunal found that travelling to work, including parking at the employer’s premises before a shift, does not generally form part of the course of employment unless the contract says so. It therefore concluded that the claimant had not been assaulted in the course of her employment for the purposes of section 17(b). The claim for unauthorised deduction from wages was dismissed.