Claimant v Dr Simon Connolly, Dr Lynn Duff, Dr Claire McColgan, Dr Louisa Reed, Dr Shabana Irshad, Dr Jennifer Traynor and Dr Catrina McDowall trading as Waverley Medical Practice
Outcome
Individual claims
Tribunal did not have jurisdiction under Article 3(c) of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 because the claim had not arisen and was not outstanding on the termination of employment. The backdated pay award was made on 2 December 2024, after the claimant left employment on 15 November 2024, so it was only a prospective, not an actual, right to payment at termination.
The tribunal had jurisdiction to hear this claim under section 13 Employment Rights Act 1996, but the claim failed on the merits. The tribunal found no contractual right to receive the backdated pay award made after termination of employment. The respondent's consistent position, explained by Mr Nelson and Nicola Clarke, was that only current employees would receive the award. There was no custom, practice, or verbal agreement entitling former employees to backdated pay awards made after their departure.
Facts
The claimant worked as a receptionist from January to November 2024 earning £11.92 per hour. Medical practices typically receive Scottish Government funding increases in October, which they often pass to employees as backdated pay rises to 1 April for current staff. The claimant resigned knowing he might leave before any award was made. He was repeatedly told by the practice manager that only current employees would receive the award. The partners made a 5.5% backdated pay award on 2 December 2024, after the claimant left on 15 November 2024. The claimant claimed he was entitled to this backdated payment covering the period he worked.
Decision
The tribunal struck out the breach of contract claim for lack of jurisdiction because the right to payment arose after termination, not before. The unlawful deduction claim proceeded but failed on the merits. The tribunal found no contractual entitlement to receive backdated pay awards made after leaving employment. The respondent's consistent position was that only current employees received such awards, and the claimant had been clearly told this multiple times before resigning.
Practical note
Employment tribunal jurisdiction over breach of contract claims requires the claim to arise or be outstanding at termination; prospective entitlements arising post-termination fall outside Article 3(c) jurisdiction, and custom and practice regarding pay awards applies only to current employees unless clearly extended to leavers.
Legal authorities cited
Statutes
Case details
- Case number
- 8000167/2025
- Decision date
- 4 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- receptionist
- Service
- 10 months
Claimant representation
- Represented
- No