Wilts & Dorset Bus Company Wins Appeal Over Unlawful Deduction Claim
The Employment Appeal Tribunal has dismissed Philip Rush's appeal against Wilts & Dorset Bus Company, upholding the original tribunal's decision regarding unlawful deduction from wages.
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Bus Company Victorious in Tribunal Appeal
Wilts & Dorset Bus Company has successfully defended an appeal brought by Philip Rush at the Employment Appeal Tribunal (EAT). The case, heard on 1st July 2025, concerned a previous Employment Tribunal (ET) decision regarding unlawful deduction from wages.
Mr. Rush had initially been awarded £202.50 by the ET related to claims of unlawful deductions. He appealed this decision, arguing that the ET should have found further deductions unlawful, increased the award due to alleged non-compliance with the ACAS Code of Practice on grievance procedures, and that the ET's reasoning was deficient. He also sought 204 weeks' pay, claiming he hadn't received a section 1 statement of employment particulars.
Grounds of Appeal Dismissed
Bruce Carr KC, Deputy Judge of the High Court, dismissed all five grounds of appeal. Regarding the ACAS uplift, the EAT found the original ET reasoning, though brief, was sufficient, noting that the ET had concluded there was no non-compliance and the appellant hadn't identified any specific breaches.
On the section 1 statement issue, the EAT found that a statement had indeed been provided to Mr. Rush when his employment transferred to Wilts & Dorset in 2014, thus the company wasn't in breach of its duty when the claim was issued.
The EAT further confirmed that the ET had appropriately addressed the elements of the unlawful deduction claims and accepted the company's analysis of the sums owed.
Overtime and Holiday Pay Claims Rejected
Other grounds of appeal, related to overtime, weekend pay and holiday pay calculations, were also dismissed. The EAT supported the ET's reliance on the company's evidence and analysis presented by its general manager, Mr Richard Wade.
The EAT acknowledged that, whilst Mr. Rush presented his appeal with skill, its ability to overturn the original decision was limited to identifying errors of law, which it could not do in this case.
The Respondent was represented by Miss Rebecca Jones (instructed by Blackhouse Jones Solicitors) and the Appellant appeared in Person.
Read the entire judgement here: Philip Rush v Wilts & Dorset Bus Company Ltd [2025] EAT 119
