Unpaid Wages
Heard at London South
The claim failed because the Band 8d job evaluation outcome did not create a contractual entitlement: the requisite signatories (line manager, budget holder and DDO) did not approve the form, so there was no valid contractual variation.
Legal Issues (5)
- Whether the claimant had a contractual entitlement to Band 8d pay through the NHS Agenda for Change job evaluation scheme
- interpretation of the contract and Job Evaluation Handbook
- whether the job evaluation outcome alone varied the contract
- whether wages were 'properly payable' under section 13 ERA 1996
- and whether proper managerial authorisation was a necessary condition for contractual variation.
