Claimant v University of Warwick
Outcome
Individual claims
The tribunal struck out the claims seeking wages beyond the National Minimum Wage on the basis that there was no legal foundation for implying a term entitling claimants to wages calculated by reference to the respondent's pay scales. The claimants had expressly agreed under Volunteer Agreements not to receive remuneration (clause 5.1), and the proposed implied term was inconsistent with these express terms. The tribunal found the claim had no reasonable prospect of success.
The tribunal allowed claims for National Minimum Wage backdated for two years to proceed, as these were outside the scope of the strike-out application. The issue of whether claimants had worker or employee status (a prerequisite for NMW entitlement) remains to be determined at a future preliminary hearing.
Holiday pay claims were not struck out. Claims for holiday pay extending beyond two years were allowed to proceed on the basis that the principle in King v Sash Window Workshop applies to holiday pay derived from the Working Time Directive, permitting accumulation where the worker was prevented from exercising their rights.
Unfair dismissal claims were not addressed at this preliminary hearing. These claims depend on a finding of employee status at a future hearing.
Redundancy payment claims were not the subject of this hearing and remain to be determined.
Facts
35 claimants worked as volunteers (Resident Tutors, Sub-wardens, Deputy Wardens, Wardens) in University of Warwick student accommodation under Volunteer Agreements. They received free accommodation and a utilities payment but no wages. In 2022, the respondent replaced the volunteer scheme with paid Residential Community Assistant roles. Claimants contended they had always been employees/workers and claimed unpaid wages calculated by reference to the university's pay scales (some claims exceeding £400,000), arguing terms should be implied into their contracts. The respondent applied to strike out claims for wages beyond National Minimum Wage and claims extending beyond two years.
Decision
The tribunal struck out claims seeking wages beyond National Minimum Wage, holding there was no legal basis to imply contractual terms entitling claimants to wages at rates comparable to university employees. The express Volunteer Agreements stated no remuneration was payable. The tribunal also struck out claims for wages (other than holiday pay) extending beyond two years, rejecting the claimants' argument that the King v Sash Window Workshop principle (which applies to Working Time Directive holiday pay) could be extended by analogy to wages. The two-year backpay limit in the 2014 Regulations applied. The tribunal found the claimants had acted unreasonably in pursuing these parts of their claims and made provisional findings on costs, to be determined after consideration of the claimants' means.
Practical note
Claimants cannot circumvent express contractual terms denying remuneration by seeking to imply a term for wages at rates comparable to other employees; the National Minimum Wage provides the statutory floor where worker/employee status is established, and the two-year backpay limit cannot be disapplied by analogy to the Working Time Directive holiday pay principles which derive from EU law.
Legal authorities cited
Statutes
Case details
- Case number
- 1300131/2023
- Decision date
- 19 September 2024
- Hearing type
- strike out
- Hearing days
- 2
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Resident Tutor / Sub-warden / Deputy Warden / Warden (student accommodation volunteers)
Claimant representation
- Represented
- Yes
- Rep type
- barrister