Case 4103624/2023 · Employment Tribunal
Mr Ian Anderson v Scottish Fire and Rescue Service — 2024
- Case reference
- 4103624/2023
- Decision date
- 20 March 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
- Venue
- Glasgow
Parties
2 namedClaimant
Mr Ian Anderson
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr Ian Anderson, brought an unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996, pursued through section 23, contending that he was entitled to back pay when the 2022/2023 NJC pay award was agreed on 6 March 2023 even though he had retired on 25 November 2022. He relied on the suggestion that legacy Dumfries and Galloway had a custom and practice of paying retrospective increases to former employees once a pay deal was reached.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Liability-only hearing in a joint judgment with 4103625/2023. The claimant said the respondent should have paid retrospective back pay on the 2022/2023 NJC pay award after his retirement on 25 November 2022; the tribunal found no contractual or other legal entitlement. | Dismissed | — | — |
Legal tests applied
5 references- implied term by custom and practice
- reasonable, notorious and certain
- Henry v London General Transport Services [2002] EWCA Civ 488
- section 13 ERA 1996
- section 23 ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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