Claimant v North West Ambulance Service NHS Trust
Outcome
Individual claims
The tribunal found that the claimant was promised Band 7 pay from 9 April 2023 by Ms Stangar, who had actual or ostensible authority to agree this. The claimant gave consideration by continuing in the role and not claiming meal break allowances. He was substantially fulfilling the complete Band 7 SPTL role, not just undertaking specific development activities, and therefore Band 7 pay was properly payable. The respondent's later decision to revoke B7 pay was not effective.
Facts
The claimant was a Band 6 paramedic who took up a development SPTL role on 9 January 2023, initially on his existing pay. On 20 April 2023, after three months in the role, his line manager confirmed he would be paid at Band 7 rates from 9 April 2023, consistent with similar roles elsewhere in the Trust. The claimant continued in the role and stopped claiming meal break allowances (to which Band 6 but not Band 7 staff were entitled). In September 2023, management revoked the Band 7 pay decision. The claimant had been substantially fulfilling the complete Band 7 SPTL role, not just undertaking specific development activities.
Decision
The tribunal found the claimant's claim for unlawful deduction of wages succeeded. Ms Stangar had actual or ostensible authority to agree Band 7 pay from 9 April 2023, and the claimant gave consideration by continuing in the role and forgoing allowances. The claimant was performing the complete Band 7 role, contrary to the respondent's Recruitment Policy which stated individuals should not undertake a complete role on an unpaid basis. The agreed sum of £6,021.57 gross was awarded.
Practical note
A manager's confirmation of a pay increase can contractually bind the employer if they have actual or ostensible authority, even if subsequently revoked by senior management.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2400416/2024
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Paramedic (Band 6), undertaking Senior Paramedic Team Leader (SPTL) duties
- Service
- 4 years
Claimant representation
- Represented
- No