Case 8000041/2025 · Employment Tribunal
Mr T Stewart v ICTS (UK) Limited — 2025
- Case reference
- 8000041/2025
- Decision date
- 2 January 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge R King
Parties
2 namedClaimant
Mr T Stewart
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as a security officer at Glasgow Airport. After failing the required Digital National X-Ray Competency Test on several occasions, the respondent considered alternative employment and offered him a baggage support officer role. The claimant received information stating that the role was paid at £13.05 per hour, but he believed this was inaccurate and expected his previous rate and shift allowance to continue.
On 2 January 2025, when the claimant was given an amendment to terms and conditions confirming the baggage support officer role and pay rate, he refused to sign it, said he would not accept the role, surrendered his pass and left. The Tribunal found that by refusing to accept the amendment he had made a good faith assertion that his right not to suffer unlawful deductions from wages had been infringed, even though that belief was mistaken.
The Tribunal found that the respondent had been transparent about the pay for the alternative role and had not breached the claimant's contract. It found that the claimant resigned because of his mistaken belief about the pay rate, not in response to any breach of contract by the respondent. The claim was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was advanced as automatic unfair constructive dismissal under section 104(1)(b) of the Employment Rights Act 1996, based on assertion of the statutory right not to suffer unauthorised deductions from wages. The Tribunal found no breach of contract and no constructive dismissal. | Dismissed | — | — |
Legal tests applied
8 references- Western Excavating (ECC) Limited v Sharp
- Tullet Prebon plc v BGC Brokers LP
- Kaur v Leeds Teaching Hospitals NHS Trust
- Waltham Forest v Omilaju
- s.98(4) Employment Rights Act 1996
- Berriman v Delabole Slate
- s.104 Employment Rights Act 1996
- Mennell v Newell & Wright (Transport Contractors) Ltd
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
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