Claimant v 1PhysioUK Limited
Outcome
Individual claims
Tribunal found respondent was not entitled to invoke short-time working clause as there was never a temporary shortage of work. The shortage was almost permanent throughout employment. Respondent failed to pay claimant contractual 37.5 hours per week, constituting breach of contract.
Respondent imposed a 'fines' system unilaterally without contractual authority. Claimant explicitly objected in writing. Deductions were not authorised by statute, contract, or written agreement. The variation clause could not reasonably permit such unilateral imposition of fines given unequal bargaining position.
Claimant entitled to 4.11 weeks accrued but untaken holiday on termination, calculated by reference to contracted hours not actually worked hours. Tribunal found respondent failed to pay claimant for this accrued leave, amounting to unauthorised deduction.
Facts
Claimant, a Pakistani physiotherapist, was recruited to UK in 2023 on a sponsored visa with contract for 37.5 hours/week at £25,600 p.a. From outset, respondent paid him for far fewer hours (typically 10 hours/week initially, later reduced to 8 hours/week on Saturdays only). Respondent imposed unilateral 'fines' system in November 2023 threatening £100 penalties for administrative failures. Claimant objected but deductions were made. Respondent offered alternative work in distant cities without travel/accommodation costs. Claimant resigned in August 2024 after his hours were further reduced.
Decision
Tribunal found respondent's reliance on short-time working clause invalid because shortage of work was never temporary but almost permanent throughout employment. Respondent therefore in breach of contract for failing to provide/pay for 37.5 hours weekly. Unilateral imposition of fines system was unauthorised deduction from wages. Holiday pay calculated on contracted not actual hours worked. Total award £20,037.22.
Practical note
Short-time working clauses must be strictly construed: 'temporary' shortage means genuinely short-lived, not a permanent or near-permanent reduction in hours lasting throughout employment; variation clauses cannot be used to impose unilateral penalty systems on sponsored migrant workers in vulnerable positions.
Award breakdown
Award equivalent: 40.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6018751/2024
- Decision date
- 14 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Musculoskeletal Physiotherapist
- Salary band
- £25,000–£30,000
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister