Claimant v Barclays Bank PLC
Outcome
Individual claims
The tribunal found no legal entitlement to VP-level salary of £71,000 before the formal promotion on 1 March 2025. There was no express or implied contractual term creating such an entitlement. The relief payments, though discretionary, were calculated in accordance with the respondent's policy using a minimum VP salary figure, not the claimant's eventual starting salary. The claimant failed to establish any sum was 'properly payable' but unpaid.
Facts
Mr Gohler worked for Barclays Bank since 1990. He was appointed Sales Performance Reporting Manager at AVP grade in September 2022 on £52,185. From early 2023 he performed VP-level duties and his role was formally evaluated at VP level in November 2023. Due to various delays outside his control, he was not promoted to VP until 1 March 2025, when his salary increased to £71,000. Between November 2023 and March 2025 he received discretionary 'relief payments' for working at a higher grade. He claimed he should have been paid VP salary from January 2023 and that the relief payments were miscalculated.
Decision
The tribunal dismissed the unlawful deductions claim. There was no contractual entitlement to VP-level pay before the formal promotion on 1 March 2025. The £71,000 salary was not determined until February/March 2025 and was not objectively ascertainable earlier. The relief payments were discretionary and calculated according to policy using a notional minimum VP salary, not the claimant's eventual starting salary. The claimant failed to show any sum was 'properly payable' but unpaid.
Practical note
An employee performing higher-level duties has no legal entitlement to higher pay unless there is an express or implied contractual term creating that entitlement; working at a higher level or role evaluation alone does not trigger a right to higher salary under unlawful deductions legislation.
Legal authorities cited
Statutes
Case details
- Case number
- 6020212/2025
- Decision date
- 14 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Sales Performance Reporting Manager
- Salary band
- £60,000–£80,000
- Service
- 35 years
Claimant representation
- Represented
- No