UNLAWFUL DEDUCTION FROM WAGES
PRACTICE AND PROCEDURE – Reasons
CONTRACT OF EMPLOYMENT – Construction of Terms
The claimant raised a claim alleging unlawful deduction of wages. In response, the respondent raised issues of whether the relevant term of a collective agreement was still in force (and so incorporated into the current contract) and even if it was, whether the term could be construed as applicable to the claimant. The Tribunal dismissed the claim. On appeal, an amended ground of appeal by the claimant made a reasons challenge and in particular an alleged failure to comply with Rule 62(5) of the 2013 Rules
Held:
(1) The Tribunal’s judgment did not set out properly the issues for determination and some of its purported findings were simply a narration of evidence given rather than that accepted as established fact. However, reading the judgment as a whole, there was just sufficient to convey what material parts of the evidence had been relied on for the conclusion. The substance of the rule had been complied with and the claimant would know why he had lost. Greenwood v NWF Retail Limited 2011 ICR 896 applied.
(2) It was sufficient for the Tribunal’s conclusion that the claimant had no contractual entitlement to the additional pay claimed. However, insofar as construction of the term under discussion was required, the tribunal had been entitled to take into account the overall purpose of the term – Arnold v Britton and others [2015] 2 WLR 1593.
Appeal dismissed
Citations:
[2018] UKEAT 0015 – 17 – 1311
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 June 2022; Ref: scu.630734