Barts and the London NHS Trust v Verma

Barts and the London NHS Trust v Verma

Pay protection under NHS Terms and Conditions entitles a practitioner to the salary actually earned in the previous post, not to a full-time equivalent or an amount based on hourly rate multiplied by training hours. The correct protected pay is the maximum possible for the grade, i.e., five sessions per week, not...

Source-derived case information.

Parties
Appellant: Barts and the London NHS Trust; Respondent: Verma
Jurisdiction
England and Wales
Judgment Date
12 October 2011
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Employment Appeal Tribunal decision set aside; Employment Tribunal award restored.
Legal Topics
Pay Protection, Unlawful Deduction of Wages, Part Time Employment, Equal Pay
Employment Law Contract Law Pay Protection Unlawful Deduction of Wages Part Time Employment Equal Pay

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Parties

Barts and the London NHS Trust

Appellant

Verma

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of NHS pay protection provisions for part-time practitioners undertaking training posts
  2. 2 Whether pay protection entitles a practitioner to full-time equivalent salary or only to the salary actually earned in previous part-time post

Ratio Decidendi

Pay protection under NHS Terms and Conditions entitles a practitioner to the salary actually earned in the previous post, not to a full-time equivalent or an amount based on hourly rate multiplied by training hours. The correct protected pay is the maximum possible for the grade, i.e., five sessions per week, not the full-time equivalent or the actual part-time earnings if less than the maximum.

Court Disposition

Appeal allowed; Employment Appeal Tribunal decision set aside; Employment Tribunal award restored.

Orders

  • Dr Verma's pay protection is limited to the maximum possible for her previous grade, i.e., five sessions per week.
  • No recalculation based on full-time equivalent or hourly rate for training hours.