Mr J Orior and Mr A Peters v Providence Linc United Services (PLUS): 2301544/2019 and 2301547/2019

EMPLOYMENT TRIBUNALS

Case No 2301544/2019, 2301547/2019

Between

Mr J Orior and Mr A PetersClaimant

Providence Linc United Services (PLUS)Respondent

Before

Judge Brian Doyle

Mr J Orior on behalf (instructed by both claimants) for claimant

Date 29 June 2021

JUDGMENT

[1]The claimants’ complaints under Parts 1 and 2 of the Employment Rights Act 1996 and under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 are not well-founded and are dismissed.

[2]The claimants’ statutory particulars of employment regarding their hours of work are set out in clause 8 of the written statement of terms and conditions of employment dated October 2009 (Mr Orior) and in clause 7 of the written statement of terms and conditions of employment dated May 2017 (Mr Peters), and they have not been varied or replaced or revoked by custom and practice, by any implied term or otherwise.

REASONS

[1]At the end of a two days’ final hearing on 25 and 26 March 2021 the Tribunal gave its decision with oral reasons in outline. As is usual, the judge prepared a written judgment without written reasons and signed it on 26 March 2021, providing it to the tribunal administration on that same day. For reasons of which the judge is unaware, the tribunal administration did not promulgate that judgment until 3 June 2021. On that same date Mr Orior requested written reasons by email. That is a request that complies with rule 62(3) of the Employment Tribunals Rules of Procedure 2013. The judge now provides those written reasons. Claims and issues

[2]The claims contain complaints by which the claimants seek to establish:(1) what their statutory statements of employment particulars should record for the purposes of section 1 of the Employment rights Act 1996 in respect of their hours of work;

(2) whether the respondent is in breach of those particulars in respect of their hours of work; and

(3) whether they have a claim for unauthorised deductions from pay (in respect of the amounts of pay properly payable by reference to those hours of work) under section 13 of the Act.

[3]The claims were subject to case management by