Claimant v Muller UK & Ireland Group LLP
Outcome
Individual claims
The tribunal found that the Claimants were paid the sums properly payable to them. The negotiated agreement provided a 3.6% pay protection supplement for 2022 only to ensure no driver received less during harmonisation, not a permanent 3.6% uplift added to basic pay. The Claimants' interpretation would have created pay differentials contrary to the harmonisation purpose. No unauthorised deduction occurred.
Facts
Two HGV drivers for Muller claimed unlawful deduction of wages following harmonisation of terms across legacy driver groups in 2022. The Respondent implemented new harmonised pay rates of £14/hour and promised no driver would receive less than a 3.6% uplift for 2022. The Claimants received a supplement to bring them to 3.6% for that year, but argued the 3.6% should be permanently added to basic pay. The Respondent maintained the 3.6% was a one-off pay protection for 2022 only during harmonisation.
Decision
The tribunal dismissed both claims, finding that on a proper construction of the negotiated agreement, the 3.6% guarantee was a one-off pay protection supplement for 2022 to ensure no driver lost out during harmonisation, not a permanent uplift. The Claimants were paid what was properly payable to them, so no unauthorised deduction occurred. Their interpretation would have created ongoing pay differentials contrary to the harmonisation purpose.
Practical note
When construing pay harmonisation agreements, tribunals will apply the natural meaning of clear contractual language even if it produces a result unfavourable to individual claimants, particularly where the alternative interpretation would undermine the commercial purpose of harmonisation.
Legal authorities cited
Statutes
Case details
- Case number
- 1309392/2022
- Decision date
- 28 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HGV Driver
Claimant representation
- Represented
- No