A WOMAN from Neston has won a court case after the Home Office breached her employee’s contract.

Angela Maull, 42, took on a position in the management accountant department looking after DDAT technology finances in November 2018.

She was offered a salary of £33,032 and was paid the agreed salary over four months. Without any notice or agreement, the Home Office reduced Angela’s basic salary to £29,040 after sending her a new contract of employment which she refused to sign.

The Home Office claimed that they had made a mistake in Angela’s place of work, when sending her the original contract, as they had her place of work as Croydon, when her place of work was Liverpool.

Angela explained that she did go to Croydon for work, approximately three days a week, until she fell ill, after which it was agreed that she would work out of Liverpool whilst undergoing tests.

From June 2019 the Home Office paid Angela a reduced ‘Basic Rate’ of £29,040pa and an additional amount described as ‘Mark Time’ of £3,992pa.

In Birkenhead County Court on 21 July, it was argued that nothing within the Terms and Conditions of Employment granted the Home Office a right to reduce Angela’s basic rate of pay and describe a portion equal to the reduction as “Mark Time”.

In October 2019 and November 2020 members of staff at the Home Office were awarded a pay increase. As a result of Angela being in receipt of “Mark Time”, she did not receive the benefit of the pay increases as the Marked Time errored any pay increase.

Furthermore, when Angela was on secondment, she was entitled to a 10% pay increase. However, due to the Mark Time payment, she did not receive this pay increase either.

Although Angela did receive a yearly total of £33,032, as this was split between a reduced basic salary and Marked Time it caused problems which resulted in a loss in pay and loss in pension contributions. 

The Judge confirmed that Angela had to be put in the same situation as if the contract had been performed. Angela was entitled to an uplift in October 2019 and 2020 and she missed out on those. She further missed out in respect of the secondment.

The Court found in favour of Angela and sums were awarded in respect of the loss of secondment pay, loss in increases and loss in pension contributions. 

Alisha Butler, from Phoenix Solicitors, said: “Angela had a very strong case from the outset which to us was a very clear breach of contract. Our attempts were ignored, and this is the problem facing Claimant Solicitors. The right decision was made by the Court, and we would invite anyone else in the same situation to get in touch with us.”

Angela said: “I am absolutely delighted to have won my case which I would not have done without the help and confidence boost from Alisha and her team at Phoenix Solicitors and Peter Harthan who explained the legal process and the law when I was very unsure and a bit scared to challenge such a big government organisation.

“The Home Office behaviour is very disappointing and a waste of taxpayer money. I hope my Home Office colleagues read my story and get in touch with Alisha at Phoenix Solicitors to pursue and receive what they are rightfully owed if they are on marked time.”

Mr Harthan, Counsel for Angela, said: “This was a case about offer and acceptance. I am delighted to have assisted the Claimant in ensuring that the Home Office paid her as agreed on her contract of employment.

“Her victory in Court shows that Government departments must meet their contractual obligations to civil servants and cannot assume that employees will roll over or be pressured into accepting less favourable terms of payment to those which have been agreed.”

A Home Office spokesperson said: “We do not comment on individual cases.”