Mr P Meade v Britannia Hotels No.2 Ltd — 2025

Mr P Meade brought a claim against Britannia Hotels No.2 Ltd seeking a sum equivalent to the higher-paid line manager role for the period 3 February 2025 to 7 April 2025, in addition to his own wages. The tribunal recorded that his own wages for that period had been paid. It found there was no contractual entitlement to the additional sum claimed, and no additional written or oral term between the parties creating such an entitlement.

The tribunal held that the claim could not succeed as an unlawful deduction from wages under Part II of the Employment Rights Act 1996 because the sum claimed was not the claimant's contractual salary and was not due under any statute or statutory instrument. It referred to Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20 and said that a quantum meruit or unjust enrichment claim could not be brought under the ERA 1996. It therefore found it had no jurisdiction to award the sum claimed, or any lower sum, for work done beyond the scope of the claimant's contract.

In relation to breach of contract, the tribunal said the claimant had no standing to bring that claim because his employment with the respondent was ongoing. It also said it was unnecessary to make findings on the actual work done, which was disputed, because the claim failed on jurisdiction and contractual entitlement grounds in any event. Both complaints were dismissed.