Mr Mark Mills v Generator Power Limited — 2020

Mr Mark Mills worked for Generator Power Limited from 16 October 2017 to 1 February 2019. He was hired as a Yard Engineer at £12.50 per hour, and his written contract stated that rate, with a pay review after probation and no obligation on the company to increase salary. Although his duties changed on 4 December 2017 from depot-based work to site-based work as a Field Service or Mobile Engineer, the tribunal found that no contract variation or agreed pay rise followed.

The claimant said his hourly rate should have increased to £13.50 from 12 December 2017. The tribunal found that Mr Manley was not authorised to agree any increase or alter terms and conditions, and that the claimant knew any change had to come from head office. The respondent’s service director decided not to award a pay rise until the claimant had sync engineer training, which he did not receive. A Reading Depot rates document showing different rates from December 2018 onwards was not part of the claimant’s contract.

Applying section 13 of the Employment Rights Act 1996 and the question of whether the higher rate was properly payable, the tribunal held that the claimant had no legal entitlement to be paid £13.50 per hour either after the change of role or after completion of probation. The arrears of pay claim therefore failed and was dismissed. The tribunal also noted that the unfair dismissal complaint had been withdrawn before the hearing and was dismissed on withdrawal on 10 December 2019.