Claimant v ISS Mediclean Limited

Outcome

Facts

The claimant worked for the respondent as a Patient Services Supervisor from 2013. In June 2020, he took on additional duties as Late Shift Duty Manager and signed a contract variation on 17 August 2020 agreeing to a combined role at £12.00 per hour (equivalent to £25,000 per annum). The claimant understood this to be temporary, but performed the dual role for three years before raising a grievance in July 2023, claiming he should be paid more for doing two roles. He brought a claim for unlawful deduction of wages while still employed.

Decision

The tribunal dismissed the claim. The judge found that the claimant had validly agreed to a permanent contractual variation in August 2020, which amended his job title and salary to reflect the combined role. The plain wording of the signed variation letter showed it was permanent, not temporary. Even if the claimant misunderstood this, he had performed the contract without protest for three years, constituting variation by conduct. The claimant had been paid according to his contractual entitlement and therefore suffered no unlawful deduction from wages.

Practical note

Legal authorities cited