Claimant v London and North Eastern Railway Limited
Outcome
Individual claims
The tribunal found that the respondent failed to permit the claimant to take time off during working hours for the purpose of carrying out trade union duties under section 168 TULRCA 1992 on specific dates in July and August 2024.
The complaint under section 169 Trade Union and Labour Relations (Consolidation) Act 1992 was dismissed by the tribunal.
The tribunal found that the respondent made unauthorised deductions from the claimant's wages in respect of pay for the weeks commencing 14 July 2024 and 11 August 2024, directly related to the denial of paid trade union time off.
Facts
The claimant, a trade union representative employed by London and North Eastern Railway Limited, was denied time off during working hours to carry out trade union duties on ten specific dates across July and August 2024. As a result, the respondent also made unauthorised deductions from his wages for the weeks commencing 14 July and 11 August 2024.
Decision
The tribunal upheld the claimant's complaint under section 168 TULRCA 1992, finding the respondent failed to permit paid time off for trade union duties. The tribunal awarded £3,027.50 for unauthorised wage deductions but made no separate award under section 168. The section 169 complaint was dismissed.
Practical note
Employers must permit trade union representatives paid time off for legitimate trade union duties, and failure to do so can result in both a declaration and compensation for unpaid wages corresponding to the denied time off.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6016223/2024
- Decision date
- 4 November 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister