Claimant successful in claiming unlawful deduction from wages when employer sought to reduce hourly pay claiming that there was a mistake and that she had been overpaid for three years.

The claimant was employed as an Advanced Nurse Practitioner from April 2017 until her retirement in November 2023. On returning from leave in July 2023 the claimant found that the wages paid were less than she believed she was entitled to. In July 2020 the claimant outlined that she had a discussion with the Medical Director and was told that she would receive 80% of a GPs hourly rate. In July 2023 when the figure was changed this was queried and a response was received stating that some Advanced Nurse Practitioners had been overpaid and had been receiving the GP hourly rate. The claimant stated this was not correct in that she was receiving the 80% of the hourly rate as agreed in 2020.

New standardised rates came in for GPs which meant that salaried GPs were paid at 80% for those who were sessional. For example, a sessional GP would receive £90 per hour for weekend evenings/weekends but a salaried GP would receive £72. The claimant did not know exactly how much GPs were paid. The respondent contended that the claimant should have been paid 80% of the salaried GP rate.

The contract had stated that the wage would be based upon an hourly rate appropriate for shift work ‘as detailed on your pay statement’. The claimant knew the shifts she would have from July until the end of October. When this was allocated, it showed a payable rate of £88 per hour for night shifts yet this was reduced to £70.40.

Between July 2023 and November 2023, the claimant was paid the lower adjusted hourly rate and the total material reduction was calculated at £7,528.47.

The Tribunal found that the total amount of wages paid to the claimant was less than the total amount of the wages ‘properly’ payable. There was no evidence of any agreement between the parties that the claimant would only be entitled to 80% of a salaried GP hourly rate. Additionally, there was no evidence to demonstrate that the claimant had been overpaid wages between July 2020 and July 2023. Accordingly, there was nothing to demonstrate that the respondent could rely upon the doctrine of mistake to set aside its contractual requirement to pay the hourly rates that were set out in the booking system and as agreed with the claimant between July 2023 and October 2023.  As a result, the claimant was successful in her claim for £7,528.47 in unlawful deduction from wages.

This case demonstrates the importance of having clear contractual statements when it comes to matters such as pay. The issue was the distinction between sessional and salaried GP pay and how that linked into the claimant’s role. Additionally, there was no evidence to suggest that there was an overpayment and considering there was no evidence to the contrary the Tribunal found that the pay outlined to the claimant when providing the shifts from July to October 2023 meant that it was the proper pay rather than the reduced rate which the respondent had sought to enforce.

NI Tribunal decisions are available on the OITFET website.