British Council

Case Summary

The claimant succeeded in claims regarding unauthorised wage deductions for overtime and bonus pay, but other claims were dismissed. The respondent was found to have unreasonably failed to comply with the ACAS Code of Practice on Grievance Procedures.

The claimant succeeded on claims for unauthorised wage deductions for overtime and bonus pay, demonstrating that those claims were well-founded. However, other claims were dismissed on their merits after a full hearing.

• •Unauthorised deductions from wages contrary to section 13 Employment Rights Act 1996 by failing to include overtime pay in Working Time Regulations 1998 holiday pay
• •Unauthorised deductions from wages contrary to section 13 Employment Rights Act 1996 by failing to include bonus pay in Working Time Regulations 1998 holiday pay
• •Unauthorised deductions from wages contrary to section 13 Employment Rights Act 1996 by failing to include overtime and/or bonus pay in Working Time Regulations 1998 holiday pay
• •Unauthorised deductions from wages contrary to section 13 Employment Rights Act 1996 by failing to include overtime and/or bonus pay in contractual holiday pay

1 EMPLOYMENT TRIBUNALS Claimant: Mr R Busby Respondent: British Council Heard at: East London Hearing Centre (in public; by CVP) On: 25 and 26 September 2024 Before: Employment Judge Gordon Walker (sitting alone) Appearances For the claimant: represented himself For the respondent: Mr J Neaman, counsel JUDGMENT 1. The respondent made unauthorised deductions from the claimant’s wages contrary to section 13 Employment Rights Act 1996, by failing to include overtime pay in its payment to the claimant of regulation 13 Working Time Regulations 1998 holiday pay. 2. All other claims are dismissed: a. The respondent did not make unauthorised deductions from the claimant’s wages contrary to section 13 Employment Rights Act 1996 by failing to include bonus pay in its payment to the claimant of regulation 13 Working Time Regulations 1998 holiday pay. b. The respondent did not make unauthorised deductions from the claimant’s wages contrary to section 13 Employment Rights Act 1996 by failing to include overtime and/or bonus pay in its payment to the claimant of regulation 13A Working Time Regulations 1998 holiday pay. c. The respondent did not make unauthorised deductions from the claimant’s wages contrary to section 13 Employment Rights Act 1996 by failing to include overtime and/or bonus pay in its payment to the claimant of contractual holiday pay. 2 3. The respondent is not ordered to pay to the claimant any amount pursuant to section 24 Employment Rights Act 1996, because it appears to the Tribunal that the respondent has already paid or repaid any such amount to the claimant (section 25(3) Employment Rights Act 1996). 4. The respondent has unreasonably failed to comply with the ACAS Code of Practice on Grievance Procedures in relation to this matter, contrary to section 207A Trade Union and Labour Relation…