• About
    • Ethics policy
    • Privacy Policy
    • Ownership, funding and corrections
    • Complaints procedure
    • Terms & Conditions
  • Contact
  • Support
  • Newsletter
Brighton and Hove News
21 October, 2026
  • News
    • Politics
    • Business
    • Opinion
    • Community
  • Arts and Culture
    • Music
    • Theatre
    • Food and Drink
  • Sport
    • Brighton and Hove Albion
    • Cricket
  • Newsletter
  • Public notices
  • Advertise
No Result
View All Result
  • News
    • Politics
    • Business
    • Opinion
    • Community
  • Arts and Culture
    • Music
    • Theatre
    • Food and Drink
  • Sport
    • Brighton and Hove Albion
    • Cricket
  • Newsletter
  • Public notices
  • Advertise
No Result
View All Result
Brighton and Hove News
No Result
View All Result
Home Brighton

Brighton and Hove council unlawfully deducted wages from 12 low-paid staff, judge rules

by Frank le Duc
Tuesday 7 Mar, 2017 at 1:01AM
A A
2
Miliband aide ‘cancelled Brighton Pavilion photoshoot in case it was mistaken for a mosque’

Brighton Pavilion by Duncan Harris on Flickr

Brighton and Hove City Council unlawfully deducted thousands of pounds from the wages of 12 low-paid staff, an employment tribunal judge has ruled.

The council blamed a clerical error and said that it had overpaid the 12 workers in the Royal Pavilion and Museums Information and Security Team.

The 12 – eleven men and a woman – should have realised that the council had made a mistake, the council told the tribunal.

The argument was rejected by employment judge Christopher Baron. He found that the employees had ended up in their predicament only because the council had reorganised their department in 2013 and cut their pay.

It did so, having promised a grace period or protected period of three years during talks with union bosses. The staff were not party to the talks.

Six months later the council mistakenly sent contracts to staff stating that their pay was protected from being cut for four years – from Monday 1 April 2013 to Friday 31 March 2017.

The lead claimant at the tribunal, Nicholas Kay, earned £16,830 a year. He had a letter showing that he would receive protected pay of £4,593.60 a year over the four years.

Pavilion low res
The 12 were represented by the GMB union which said: “The reality of this case is that these workers are already on a low wage and struggling to make ends meet and further cuts to terms and conditions can have devastating consequences.

“Following a reorganisation in 2013, the members lost a shift allowance or were given a lower-paid post or both.

“However, their pay was not to be reduced during a pay protection period, which was stated to be from 1 April 2013 to 31 March 2017.

“A year early, in May 2016, the council stated that the reference to 31 March 2017 was a clerical error, that pay protection was limited to three years and the enhanced pay was stopped without warning.”

The judge found that the council realised its mistake by mid-May 2013 but did nothing and said nothing to the claimants. Instead it waited almost three years and just cut their pay without warning.

Judge Baron said: “It was part of the case for the council that not only had there been a mistake but that the claimants knew, or ought to have known, that that was the case.

“Two matters were relied upon by the council to support the proposition that the claimants ought to have known of the mistake.

“The first was that it had always been the council’s policy that a protected pay period could not extend beyond three years and that was clearly set out in written policy documentation.

Gary Palmer
“As a fact, that is true. However, I do not accept that therefore individuals in the position of the claimants ought to have been aware of the policy and the fact that a four-year period was specified was an error.

“Such policies may be dealt with on a day-to-day basis by the Human Resources Department.

“On a day-to-day basis the claimants were responsible for that jewel in the Brighton crown, the Royal Pavilion.

“The second matter is the document … which referred to a three-year period. Again, my conclusion is that that does not mean that the claimants ought to have been aware some six months later that the council had made an error.

“The claimants, without any disrespect to them, are relatively low-paid employees of a large city council. They were entitled to assume that formal documentation issued by the council as their employer was correct.

“For those reasons I find that the claims succeed. I trust that the question of remedies for each of the claimants can be agreed without the necessity for the expense of a further hearing but such hearing will be arranged if necessary.”

Royal Pavilion banqueting hall
Mr Kay, who acted as lead claimant on behalf of all 12 staff, said: “The other employees and I are all very pleased with the outcome of this case.

“I would like to thank GMB because none of this would have happened without their support.”

GMB southern region organiser Gary Palmer said: “The reality of this case is that these workers are already on a low wage and struggling to make ends meet and further cuts to terms and conditions can have devastating consequences.

“A court case involving 12 employees against a council is no little matter but GMB will always seek to protect members’ interests in the workplace and this case shows the importance of being a member of GMB.”

GMB southern region senior organiser Charles Harrity said: “This is a shocking example of the council’s austerity drive.

“Time and time again we are seeing that it is the low-paid workers who are being targeted.

“On the one hand the council says that it has no money to provide fair terms and conditions for employees.

“And yet, as this case shows, the council will not hesitate to spend thousands in legal fees in trying to justify its actions.”

Support quality, independent, local journalism that matters. Donate here.
ShareTweetShareSendSendShare

Comments 2

  1. Lisa, Hove says:
    10 years ago

    Looks to me like these staff are seeking to benefit from a mistake on the council’s part. If other staff get three year protection, why should these staff get more?

    Reply
    • Alan Jones says:
      10 years ago

      How about the fact that they were given a contract stating their pay was being protected for 4 years?

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Most read

Another long-standing trader leaves Brighton market, citing bad management

Long term Fringe venue hits out after being told it can’t return

Objections raised to flats on top of scrap metal business

Cocaine shopping list pub should permanently close, police say

Brighton and Hove council unlawfully deducted wages from 12 low-paid staff, judge rules

High winds set to hit Brighton and Hove this week

Storm Austen set to lash south coast

Marina submits third dredging licence application

Parcel thieves steal newlyweds’ honeymoon deliveries

24-hour slot arcade planned for former charity shop

Newsletter

Arts and Culture

  • All
  • Music
  • Theatre
  • Food and Drink
Ballet Nights brings international dance stars to Theatre Royal Brighton

Ballet Nights brings international dance stars to Theatre Royal Brighton

21 October 2026
CINECITY Brighton Film Festival returns with ten days of international cinema and exclusive previews

CINECITY Brighton Film Festival returns with ten days of international cinema and exclusive previews

21 October 2026
Texas Celebrate 30 Years of ‘White On Blonde’

Texas Celebrate 30 Years of ‘White On Blonde’

21 October 2026
Take It Off!, The Masked Singer, Brighton Museum & Art Gallery, October 2026 - June 2027 PHOTOGRAPHER CREDIT: David McHugh / Brighton Pictures

See Behind The Mask!

21 October 2026
Load More

Sport

  • All
  • Brighton and Hove Albion
  • Cricket
Manager of Brighton and Hove Albion’s women team dismissed after allegations

Fab result as Brighton and Hove Albion annihilate Crystal Palace

by Frank le Duc
18 October 2026
1

Brighton and Hove Albion 5 Crystal Palace 0 Fabian Hürzeler can take some pride in avenging the 1-0 defeat inflicted...

Kostoulas up front as Brighton and Hove Albion face Crystal Palace

Kostoulas up front as Brighton and Hove Albion face Crystal Palace

by Frank le Duc
18 October 2026
0

In February, Seagulls fans made their feelings known after a goal from Ismaila Sarr ended a winless run for Crystal...

Manager of Brighton and Hove Albion’s women team dismissed after allegations

Rutter scores brace as Brighton and Hove Albion win Conference League opener

by Brighton and Hove News
15 October 2026
0

Brighton and Hove Albion 4 Kauno Zalgiris 0 Georginio Rutter bagged a brace, with Jack Hinshelwood and Matt O’Riley also...

Dunk and Hinshelwood back for Brighton and Hove Albion

Dunk and Hinshelwood back for Brighton and Hove Albion

by Brighton and Hove News
15 October 2026
0

Lewis Dunk and Jack Hinshelwood return to the starting line up as Brighton and Hove Albion take on Kauno Zalgiris...

Load More
March 2017
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  
« Feb   Apr »

RSS feed: From Sussex News From Sussex News

  • Man’s body found after vehicle left near cliffs 20 October 2026
  • Motorcyclist taken to hospital after crash 19 October 2026
  • Cyclist badly hurt in crash with car 18 October 2026
  • Man suffers head injury in fight 17 October 2026
  • MP welcomes progress on noise barrier for people living by railway line 17 October 2026
ADVERTISEMENT
  • About
  • Contact
  • Support
  • Newsletter
  • Privacy
  • Complaints
  • Ownership, funding and corrections
  • Ethics
  • T&C

© 2023 Brighton and Hove News

No Result
View All Result
  • News
    • Opinion
  • Arts and Culture
    • Music
    • Theatre
  • Sport
    • Cricket
  • Newsletter
  • Public notices
  • Advertise
  • About
  • Contact

© 2023 Brighton and Hove News