EAT Contract of Employment : Implied Term/Variation/Construction of Term – UNLAWFUL DEDUCTION FROM WAGES – Contract of employment. Deduction from salary under ERA 1996. The Claimant argued that in terms of his contract which had incorporated a collective agreement, he was entitled to payment when on sickness absence under two clauses of the agreement, numbers 3 and 28. The Respondent argued that he was entitled only to sick pay in terms of clause 28.
Held: the Employment Tribunal dismissed the case but made an inconsistent finding on a vital matter within the reasons which resulted in a judgment which was not clear and unequivocal. That must amount to an error of law. It would be necessary to have all of the evidence before the EAT before enabling it to decide the case. Case remitted to a freshly constituted Tribunal.
Lady Stacey
[2014] UKEAT 0043 – 13 – 2201
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526519