EAT UNLAWFUL DEDUCTION FROM WAGES
CONTRACT OF EMPLOYMENT – Written particulars
The Claimants are all government lawyers employed in the government legal service. The appeal by the MoD and cross appeal by the Claimants raised issues relating to their contractual entitlement to two distinct allowances (i.e. London Weighting and the Recruitment and Retention Allowance (RRA)) during their period of work at the MoD, on transfer to the MoD either on loan from their ‘home’ department (Ms Carr and Mr Ferguson) or permanently (Ms Shepherd).
A third issue concerned the statements of particulars of employment provided to Ms Carr and Mr Ferguson and whether they complied with sections 1-4 of the Employment Rights Act.
The ET’s decision in respect of London Weighting was upheld, but the MoD’s appeal in respect of the RRA was allowed, the EAT concluding that none of the Claimants had an entitlement to this allowance.
The appeal in relation to the statement of particulars provided to the Claimant Mr Ferguson was, in the event, adjourned for the reasons explained in the judgment.
Judges:
Cox J
Citations:
[2010] UKEAT 0291 – 09 – 1811
Links:
Employment
Updated: 27 August 2022; Ref: scu.426460