Claimant v Abbeyfield Stewartry Society

Claimants alleged unlawful deduction for accommodation offset during sleep-in shifts. Tribunal found that accommodation offset was authorised by statute under National Minimum Wage Regulations 2015 regulation 14(1), and the respondent was entitled to make such deductions without this constituting an unlawful deduction from wages.

Claimants claimed they should have been paid NMW for all hours during sleep-in shifts (10.30pm-7.30am). Tribunal applied Royal Mencap Society v Tomlinson-Blake and found claimants were only entitled to NMW when actually awake and working, not merely available. The contractual arrangement paying an allowance equivalent to four hours at NMW was lawful.

Claimants sought payment for 15 minutes handover time before each shift. Tribunal found claimants failed to discharge burden of proof that they worked 15 minutes before shift start. The practice of arriving early was a courtesy to relieve outgoing workers, with no sanctions for non-compliance, and staff could leave early. No working time requirement was established.

Holiday pay was recalculated and paid by respondent prior to hearing, using correct 52-week reference period rather than 12 weeks. Claimants confirmed sums paid were correct and accepted payment, though initially declined to withdraw the claim. Since sums sought were paid, the claim was dismissed as no longer live.

First claimant claimed breach of contract for failure to provide minimum 22 hours per week as house assistant. Tribunal found contract stated hours 'shall not normally be less than 22 a week' which did not create a guaranteed minimum. Following phased return after injury, respondent offered extra shifts where possible but was not contractually obliged to guarantee any minimum hours.

Claimants claimed breach of s.8 ERA 1996 regarding itemised pay statements, arguing insufficient detail about night shift payment breakdown and accommodation offset. Tribunal found pay statements complied with s.8 by showing aggregate figures (permitted under s.8(2)(e)), and accommodation offset need not be shown as it was authorised by statute.