GFTU Emplaw Emplaw Emplaw

Hamilton & Others v NHS Grampian - Multiple claims, misconceived claims, breach of contract, and costs [2011] EAT

It is misconceived (1) to dress up a breach of contract claim as one for unlawful deduction of wages in order to try and bring the matter within the limited jurisdiction of the employment tribunal; and (2) to rely on the provisions relating to bringing multiple claims (rather than formally presenting an individual ET1) when an individual's claim clearly does not rely on the same circumstances as other multiple claims being presented.  

As a result of the NHS's Agenda For Change, terms and conditions were restructured. Overtime could now only be worked under rigorous regulation and in very specific circumstances. With trade union assistance Mr Hamilton and others - all maintenance engineers - presented claims to the employment tribunal arguing that the changes to their overtime entitlements went against collective agreements and custom and practice, and so seeking to preserve existing entitlements. The claim made was for unlawful deduction of wages.

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