Claimant v Oxford Aunts Care Ltd
Outcome
Individual claims
Claimant sought £12,696 for on-call payments from January to October 2023, claiming he was entitled to the rates paid for the live-in care on-call rota (£17 per evening, £135 per weekend). Tribunal found he had no legal entitlement because he never participated in that rota until November 2023. His contract stated on-call payments were only payable if 'the on-call service should form part of his role', which it did not until he joined the formal rota. Occasional out-of-hours management work did not constitute being 'on call' and fell within his salaried role's flexibility.
Claimant argued respondent breached contract by failing to add him to the on-call rota earlier, thereby denying him on-call payments. Tribunal found no breach: there was no agreement he would join the rota within any particular period, respondent exercised its discretion reasonably, and added him once handover arrangements were in place. No contractual entitlement to the on-call rate existed until he joined the rota in November 2023.
Facts
Claimant was employed as hourly care manager from January 2023 to March 2024 on £40,000 salary. His contract stated he might receive on-call payments if 'the on-call service should form part of his role'. Respondent operated a formal on-call rota for its sister company's live-in care service, paying £17/evening and £135/weekend. Claimant was not added to this rota until November 2023. He claimed he was effectively on call for the hourly care service from January to October 2023 and sought £12,696 retrospectively. Respondent maintained he was never formally on call during that period; occasional out-of-hours work was part of his salaried management role. As compromise, respondent paid £612 then £17 more after grievance appeal.
Decision
Tribunal dismissed both claims. Claimant had no legal entitlement to on-call payments before joining the formal rota in November 2023, as payment was conditional on participating in that rota. His contract permitted occasional additional work without extra pay; this did not constitute being 'on call'. No breach of contract found: respondent had discretion over when to add him to rota and acted reasonably. Time extended for breach of contract claim due to incorrect ACAS advice.
Practical note
A contractual clause stating a payment is due 'if' a particular duty forms part of the role creates a condition precedent—without satisfying that condition, no entitlement arises, even if the employer delayed creating the circumstances in which the condition could be met.
Legal authorities cited
Statutes
Case details
- Case number
- 6006905/2024
- Decision date
- 10 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Hourly care manager
- Salary band
- £40,000–£50,000
- Service
- 1 years
Claimant representation
- Represented
- No