Claimant v London United Busways Limited t/a RATP DEV Transit London

Outcome

Facts

The claimant was a bus driver employed for 25 years who suffered a stroke in September 2023 and was dismissed on 6 December 2023 while in hospital. After his dismissal, in February 2024, the respondent and union agreed a backdated pay rise from April 2023 and paid existing staff accordingly. The claimant sought the backdated pay rise for the period he worked between April 2023 and December 2023 but was told he was not entitled to it as he was no longer employed when the agreement was reached. He brought a breach of contract claim seeking this payment.

Decision

The tribunal dismissed the claim for lack of jurisdiction. The judge held that this was not an unauthorised deduction claim but a breach of contract claim. As the right to payment arose after the claimant's employment ended when the pay agreement was reached, it did not arise or was not outstanding on termination. The tribunal therefore had no contractual jurisdiction under the Employment Tribunals Extension of Jurisdiction Order 1994.

Practical note

Legal authorities cited