Claimant v Harlington School
Outcome
Individual claims
The tribunal found that the respondent did not breach the claimant's right to be accompanied at a disciplinary or grievance hearing as afforded by section 10 of the Employment Relations Act 1999. The claim was dismissed.
The tribunal found that the claimant was not owed unpaid wages in the form of holiday pay under section 23 of the Employment Rights Act 1996. The claim was dismissed.
The tribunal found that the respondent owed the claimant 5 lunchtime duty payments of £15 each gross (total £75 before tax), constituting an unlawful deduction from wages under section 23 of the Employment Rights Act 1996.
The tribunal found that the respondent owed the claimant 6 hours of overtime payments totalling £137.16 gross, constituting an unlawful deduction from wages under section 23 of the Employment Rights Act 1996.
Facts
The claimant, an employee at Harlington School, brought claims for breach of the right to be accompanied at a hearing, unpaid holiday pay, unpaid lunchtime duty payments, and unpaid overtime. The claimant represented himself while the respondent was represented by counsel. The hearing took place in person at Watford on 1 September 2025.
Decision
The tribunal dismissed the claims for breach of the right to be accompanied and unpaid holiday pay. However, it upheld the claims for unpaid lunchtime duty payments (£75 gross for 5 duties at £15 each) and unpaid overtime (£137.16 gross for 6 hours), awarding a total of £212.16 gross in unpaid wages.
Practical note
Schools and educational institutions must ensure accurate payment of contractual entitlements including lunchtime duties and overtime, even for relatively small amounts, as these constitute unlawful deductions from wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300096/2024
- Decision date
- 1 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No