Claimant v North East Lincolnshire Council

Outcome

Facts

The claimant, a Passenger Support Assistant employed since 1992, claimed her contractual hours increased from 27 to 30 hours per week in September 2019 when she started a new Lincoln run. She argued she had been underpaid by 3 hours per week since then. The respondent maintained her contract remained at 27 hours per week since December 2015. The claimant relied on her recollection, a comparison with colleagues' hours, the hours worked by a colleague who covered her afternoon runs, and one document from September 2024 referencing 30 hours. The respondent provided extensive documentary evidence of contractual variations over the years, all showing 27 hours from December 2015 onwards.

Decision

The tribunal dismissed the claim, finding that the claimant's contractual hours remained 27 hours per week throughout the period in dispute. The tribunal found the claimant had a genuine but mistaken belief about her contractual hours. The single document referencing 30 hours was an administrative error made carelessly by a manager focused on absence management, not contractual terms. The claimant was paid exactly what she was contractually entitled to receive.

Practical note

Legal authorities cited