In person For the v Ms J Loombe, in-house representative — 2017

The tribunal heard the parties' dispute about a claim for unauthorised deduction from wages. The claimant said that, after transferring within the NHS under TUPE and later to the respondent, he retained Agenda for Change terms and conditions and was therefore entitled to higher enhancements for unseasonable hours and a night allowance. The respondent relied on the claimant's November 2001 contract and a Confirmation of Acceptance wording said to reserve the right to alter or amend terms and conditions through the pay determination machinery.

The parties agreed that the essential issue was whether the claimant had become subject to the Agenda for Change terms and conditions. If he had not, the claimant said he was entitled to higher pay enhancements and a night allowance, stated in the Grounds of Complaint to be £666.77 per month. The tribunal recorded that the claimant had also produced payslips, including one from April 2008, which he relied on to say the enhancements and night duty payment continued.

After reviewing the bundles, the tribunal said that there was no proper documentation before it, and no witness evidence, bearing on the key issues in the case. Because of that evidential position, and with reluctance given the history of the proceedings, Employment Judge Bloch QC acceded to the respondent's application for a postponement. The full merits hearing was postponed to 29 October 2019 for one day, subject to separate case management orders. No merits finding or monetary award was made at this hearing.