Claimant v Veolia (ES) UK Limited
Outcome
Individual claims
The tribunal found that the respondent's failure to allow the claimant the right to an appeal process constituted a breach of contract. The claimant was entitled to this contractual right and the respondent's failure to provide it was unlawful.
The tribunal found that the claimant was not paid the night shift premium for 18th April 2024 to which he was entitled. This constituted an unlawful deduction from wages.
The tribunal found that the claimant's other claims for unlawful deduction from wages relating to other night shift payments were not well-founded and dismissed these claims.
Facts
The claimant brought claims for breach of contract and unlawful deduction from wages against his employer Veolia (ES) UK Limited. The claims related to the respondent's failure to allow him an appeal process and failures to pay night shift premiums for various dates including 18th April 2024. The hearing was conducted remotely via CVP with the claimant representing himself and the respondent represented by an in-house Employee Relations Specialist.
Decision
The tribunal upheld the claimant's claim for breach of contract regarding the denial of an appeal process and awarded 2 weeks' net pay (£1,090). The tribunal also upheld the claim for unpaid night shift premium for 18th April 2024, awarding £43.93, but dismissed other night shift payment claims.
Practical note
Employers must ensure contractual appeal rights are provided following disciplinary or grievance processes, and failure to do so can result in damages equivalent to lost wages for the appeal period.
Award breakdown
Case details
- Case number
- 6010146/2024
- Decision date
- 24 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No