Claimant v Alliance Healthcare Management Services Limited
Outcome
Individual claims
Tribunal found that the Alloga Staff Handbook 2017 did not apply to drivers (it applied to warehouse staff). Overtime for drivers was calculated weekly, not daily, per clause 6 of contracts which stated 48 guaranteed hours per week with overtime payable only above that weekly threshold. Drivers' entitlements were governed by the Drivers' Handbook, not the Staff Handbook. No entitlement to daily overtime payments was established.
Holiday pay claim was derivative, based on alleged unlawful deductions for overtime, bank holidays and CPC training. As all underlying wage deduction claims failed, the holiday pay claim necessarily failed. Parties agreed this head gave rise to no additional contractual construction issues beyond those already determined.
Facts
Multiple HGV drivers employed by Alliance Healthcare (previously Alloga, with TUPE transfer from Alloga) claimed unlawful wage deductions for: (1) overtime calculated daily rather than weekly, (2) enhanced bank holiday pay, (3) payment for CPC refresher training attendance, and (4) consequent holiday pay underpayments. Lead claimant Harper started July 2014. Drivers' contracts guaranteed 48 hours per week with overtime up to 60 hours weekly. CPC training was legally required for all HGV drivers to maintain their personal licence; respondent offered free training sessions throughout the year with half-pay goodwill payment for attendance, but attendance at any particular session was voluntary.
Decision
Tribunal dismissed all claims. On overtime: Alloga Staff Handbook 2017 (which provided for daily overtime calculation) applied only to warehouse staff, not drivers. Drivers' overtime was governed by Drivers' Handbook and contracts, both of which calculated entitlement weekly (overtime only above 48 hours per week). On bank holidays: Staff Handbook again inapplicable to drivers; no alternative contractual basis established. On CPC training: drivers were not directed by management instruction to attend specific sessions and were not 'at employer's disposal' under Working Time Regulations test; training was voluntary and could be done elsewhere. Holiday pay claim failed as derivative of failed underlying claims.
Practical note
When employee handbooks expressly state different provisions apply to different staff categories, tribunals will strictly enforce those divisions; claims based on provisions applicable to other staff groups will fail absent clear evidence of incorporation into the claimant's contract.
Legal authorities cited
Statutes
Case details
- Case number
- 2603030/2022
- Decision date
- 29 April 2024
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- HGV Driver
Claimant representation
- Represented
- Yes
- Rep type
- barrister