Giurgiu v Arnold Clark Automobiles Ltd

Case Summary

The claimant, employed as a Technician at a car dealership, claimed the respondent made unlawful deductions from his pay by failing to award him a TIP scheme uplift from 1 January 2025. The claimant had worked under an informal arrangement to vary his contractual hours. The tribunal dismissed the claim, finding the respondent did not make unlawful deductions.

The tribunal found that the respondent did not make unlawful deductions from wages. The claimant had not been paid less than the amount properly payable to him because, although the claimant's information suggested he had met the TIP criteria, the informal nature of his working hours variation meant he did not properly meet the timekeeping requirement of the scheme, and therefore was not entitled to the uplift as a matter of contractual right.

• •Whether the respondent made unlawful deductions from the claimant's pay by not awarding him an uplift to his hourly pay rate from 1 January 2025 onwards under the Technician Improvement Programme (TIP)
• •Whether the claimant met the timekeeping requirement of the TIP scheme given his informal variation to contractual working hours
• •Whether an informal variation to working hours was validly agreed

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