Mr C Perlstrom v Soar Community — 2025

The claimant sought reconsideration of a judgment sent to the parties on 15 August 2025. The original judgment dismissed the complaint of unlawful deductions from wages, made no award under Section 38 of the Employment Act 2002, made no declarations under Section 11 of the Employment Rights Act 1996, and dismissed the claimant's application for a preparation time order.

The tribunal described the central issue as whether the claimant was entitled to be paid at the top of the pay scale for his post in perpetuity because that had become an implied term by custom and practice. The judge found that the custom and practice argument had been determined against the claimant at the contested final hearing, after oral evidence and submissions.

The judge concluded that the claimant's new evidence about being paid at the top point from 2018 did not engage with the critical issue of whether the alleged term was reasonable or made sense. The judge also rejected the Section 4 argument about whether the 2022 contract had to be signed by the respondent, and refused reconsideration because there were no reasonable prospects of the judgment being varied or revoked.