Claimant v Mersey Care NHS Foundation Trust
Outcome
Individual claims
The tribunal held that the claimant had continuous NHS service from November 2019 (spanning her previous NHS employer and the respondent), which met the 12 months' continuous service requirement under section 15.17 of Agenda for Change. The respondent's refusal to pay shared parental leave pay under the occupational scheme was therefore an unauthorised deduction from wages under section 13 ERA 1996. The contractual documents expressly recognised reckonable service with NHS employers, and there was no exclusion for shared parental pay.
The tribunal concluded that the respondent's refusal to pay shared parental leave pay was not done for a prescribed reason under section 47C ERA 1996. Although the claimant requested shared parental leave (which was granted), the refusal to pay was due to payroll's misinterpretation of the contractual provisions and failure to account for reckonable service, not because the claimant had requested shared parental leave. The detriment was not causally linked to the protected act.
Facts
The claimant, a Band 5 Nurse Practitioner, began employment with the respondent NHS Trust in September 2023, having previously worked for another NHS Trust from November 2019. Her partner gave birth in November 2023, and after 26 weeks of maternity leave, the claimant took shared parental leave from May to November 2024. The respondent refused to pay contractual shared parental pay under the NHS Agenda for Change occupational scheme, arguing the claimant lacked 12 months' continuous service with them as an employer. The claimant argued her continuous NHS service from 2019 (spanning both NHS employers) qualified her for the occupational scheme.
Decision
The tribunal upheld the unlawful deduction claim, finding that the claimant's continuous NHS 'reckonable service' from 2019 met the 12-month qualifying period under Agenda for Change section 15.17. The contract explicitly recognised reckonable service across NHS employers for maternity-related benefits, and there was no express exclusion for shared parental pay. However, the section 47C detriment claim failed because the refusal to pay was due to payroll's misinterpretation of contractual provisions, not because the claimant requested shared parental leave.
Practical note
NHS continuous 'reckonable service' across multiple NHS employers counts towards the 12-month qualifying period for occupational shared parental pay under Agenda for Change, even where the employee has not been with the same NHS Trust for 12 months.
Legal authorities cited
Statutes
Case details
- Case number
- 2406815/2024
- Decision date
- 8 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Band 5 Nurse Practitioner
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister