Cases3300096/2024

Claimant v Harlington School

1 September 2025Before Employment Judge HyamsWatfordin person

Outcome

Partly successful£212

Individual claims

Otherfailed

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.

Holiday Payfailed

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.

Unlawful Deduction from Wagessucceeded

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.

Unlawful Deduction from Wagessucceeded

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

Unpaid wages£212

Legal authorities cited

Statutes

ERA 1996 s.23Employment Relations Act 1999 s.10

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