Claimant v Manchester University NHS Foundation Trust

The tribunal found that the claimant was entitled to payment for extra weekend shifts worked on 11 and 12 November 2022 and 24 and 25 June 2023, which had been submitted for payment in accordance with the respondent's procedures. The November 2022 claim was held to be in time as part of a series of deductions linked to the June 2023 claim. Other claims for extra shifts were rejected because the claimant had submitted them outside the respondent's required 3-month timeframe for making such claims.

The claimant argued he was placed on the incorrect spinal pay point on the Speciality Doctor pay scale and should have had all his prior service counted. The tribunal held that under Schedule 12.5 of the TCS 2021, only substantive service in the speciality doctor grade or equivalent could be counted. The claimant's previous service as a research fellow, clinical fellow, speciality trainee or locum did not count as 'equivalent', and only 15 months at South Warwickshire NHS Foundation Trust in a Speciality Doctor grade was properly counted. The tribunal agreed with the NHS Employers' organisation's interpretation that locally employed doctor contracts mirroring the 2002/2016 TCS were not equivalent to speciality doctor grade.