Mr M Potter - counsel v S R Technics UK Ltd — 2020

The case concerned 37 claimants, with Mr Ballantine, Mr Gorman, Mr Hannah and Mr McDermott selected as lead claimants. They alleged unlawful deductions from wages arising from the respondent's failure to continue paying a bi-annual 'built in overtime' payment, and said holiday pay had also been underpaid. The tribunal reviewed the 2003/2004 and 2008/2009 collective agreements, the negotiation history, and the claimants' pay records.

The tribunal found that the bi-annual payment last ceased in July 2002 and that no January 2003 payment was made. It held that the 2003 collective agreement removed the shorter working week payment and incorporated it into a higher shift premium, and that the claimants' contractual terms were varied through collective bargaining. The tribunal also found that the claimants were aware of the change and accepted the revised package after the ballot. On that basis, it held that any unlawful deduction claim crystallised in January 2003 and was out of time under s.23 ERA 1996, with the primary limitation period expiring on 30 April 2003.

In the alternative, the tribunal rejected the evidence that the claimants were unable to complain to HR or through the union. It held that they waited more than 14 years before the collective grievance of April 2017 and that this amounted to acquiescence, or waiver of their position. The tribunal also found that Mr McDermott had no claim arising from the removal of the bi-annual payment because his employment began after it had already been withdrawn. All claims were dismissed and no award was made.