Mr Alan Neil v Greater Glasgow Health Board — 2021

The claimant, a radiographer employed by the respondent, claimed unlawful deductions from wages in relation to payments for rostered work between 0000 and 0900. He argued that after implementation of NHS Circular PCS(AFC)2012/4 he should have received both a Standby Availability Allowance and organisational change payment protection. The parties agreed that any arrears would be limited to the period from April 2018 to March 2020.

The tribunal found that the claimant's 0000 to 0900 work under the 2002 local agreement counted as part of his normal working hours, treated as seven hours towards the working week. Although radiographers could and often did rest when workload allowed, the tribunal was not satisfied that this was part of an express or implied established arrangement with the respondent. It concluded that the work did not meet the Circular's definition of on-call work because it was not outside normal working hours and was rostered work rather than work only as and when required.

The tribunal held that the Circular still applied to the claimant as Agenda for Change staff and that the respondent correctly applied mark-time, or Chisholm Agreement, protection. It found that the claimant was not entitled to the more lucrative no detriment protection under the Workforce Change Policy because there had been no structural or managerial change in the way services were organised or provided. On that basis, the tribunal understood that the claimant had suffered no loss and had been paid all sums properly due, so the unlawful deductions claim was dismissed.