Mr S Reveley v Hull Culture & Leisure Ltd: 1800283/2022
| Jurisdiction | England & Wales |
| Judgment Date | 07 September 2022 |
| Date | 07 September 2022 |
| Published date | 15 September 2022 |
| Court | Employment Tribunal |
| Subject Matter | Unlawful Deduction from Wages |
| Citation | 1800283/2022 |
Case No: 1800283/2022
10.5 Reserved judgment with reasons – rule 62 March 2017
EMPLOYMENT TRIBUNALS
Claimant: Mr S Reveley
Respondent: Hull Culture & Leisure Limited
Heard at: Leeds On: 21 June 2022
Before: Employment Judge Jaleel
Representation
Claimant: Mr S Healey (Counsel)
Respondent: Mr S Profitt (Counsel)
RESERVED JUDGMENT
1. The claimant’s claim that the respondent made an unauthorised deduction from
the claimant’s wages pursuant to section 13(1) of the Employment Rights Act
in respect of a deduction on 31 August 2021 is well-founded. The claimant was
entitled to be paid one and a half times his basic rate for hours worked. The
respondent is ordered to pay the claimant the net sum of £44.73.
REASONS
Introduction
1. This was a complaint of unauthorised deduction from wages brought by the
claimant against his employer
2. I had before me an agreed file of documents prepared by the respondent.
Case No: 1800283/2022
10.5 Reserved judgment with reasons – rule 62 March 2017
3. Having identified the issues, I took some time to privately read into the witness
statements exchanged between the parties and relevant documentation. I heard
evidence from the claimant’s witnesses:
3.1 Shaun Reveley (claimant)
3.2 Karen Daniels (UNITE Senior Steward and Health and Safety Representative)
4. I then heard from the respondent’s witnesses:
4.1 Jayne Karlsen (Strategic Advisor HR & Service support for the respondent)
4.2 Simon Green (Cultural Services Director for the respondent)
Issues
5. The claimant’s sole complaint is of unauthorised deduction from wages in breach
of s13 Employment Rights Act 1996.
6. The claimant worked on Tuesday 31 August 2021 following the bank holiday in
August. It is the claimant’s contention that he should have received enhanced pay
of one and a half times his basic pay. The respondent said that the claimant was
only entitled to basic pay, but agreed the amount claimed in the event that he was
entitled to time and a half.
7. The issues to be determined are as follows:
What were the wages properly payable to the claimant for 31 August 2021? In
particular:
7.1 What was the contractual term about pay for working an additional statutory
holiday prior to 2021?
7.2 Was there an effective variation of the contract expressly or impliedly that
entitled him to be paid time and a half?
7.3 There is no dispute that if the claimant was contractually entitled to be paid time
and a half, there was an unauthorised deduction of £44.73.
Facts
8. The claimant is employed by the respondent as a Heritage Officer. He is also a
member of Unite (Trade Union).
9. The claimant’s role involves supervising staff on museum sites, opening and
securing sites, working on events, supervising contractors on site and working on
building refurbishment projects.
10. The claimant’s employment contract states the following in regard to the terms and
conditions of employment and holiday entitlement:
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