Claimant v Morrison Data Services Limited
Outcome
Individual claims
The tribunal found that although the respondent breached the claimant's contract by ceasing to count commuting time towards basic hours from April 2024, this did not constitute an unlawful deduction from wages. The claimant was paid the fixed monthly salary he was contractually entitled to. He was not contractually entitled to overtime pay without prior approval. The breach gave rise to a claim for damages for breach of contract, but the tribunal lacks jurisdiction over breach of contract claims for employees still in employment.
The tribunal found a prima facie case that the claimant was paid below the national minimum wage from April 2024. By working an additional 130 hours per year (average 30 minutes commuting time per day) for the same basic pay of £2,042.50 per month, his effective hourly rate was £11.10, which was 34p below the national living wage of £11.44. However, the tribunal could not make a final determination without evidence of actual hours worked and wages paid in each pay reference period. The claim was continued to a one-day hearing to determine both liability and remedy.
Facts
The claimant, a water meter reader employed since 2007, had his commuting time (travel from home to first job and last job to home) counted towards his 40 basic weekly hours for 17 years. This was a consistent practice applied to all Scottish water meter readers and expressly confirmed by line managers. In April 2024, following introduction of a new time management system called Workforce, the respondent changed policy so that only commuting time over 30 minutes would count towards basic hours. The claimant's average commuting time was around 30 minutes per day. He raised a grievance in April 2024, which was rejected without proper investigation.
Decision
The tribunal found that counting commuting time towards basic hours had become an implied contractual term through custom and practice over 17 years. The unlawful deduction from wages claim failed because the claimant was paid the fixed salary he was contractually entitled to, even though he now had to work longer for the same pay. However, the national minimum wage claim was continued to a further hearing because working the additional unpaid hours appeared to reduce his effective hourly rate below the national living wage (£11.10 vs £11.44 per hour).
Practical note
A long-standing consistent practice of including travel time in basic hours, known to and applied by line managers, can become an implied contractual term even if not in the written contract, but breach of such a term does not automatically constitute unlawful deduction from wages if the fixed salary is still paid.
Legal authorities cited
Statutes
Case details
- Case number
- 6009367/2024
- Decision date
- 29 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Water Meter Reader
- Salary band
- £20,000–£25,000
- Service
- 18 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor