Amey v Peter Symonds College: QBD 2013

The claimant was a full time teacher at a sixth form college who went on strike. He participated in two days of industrial action. He argued that the College acted unlawfully in deducting 1/260 of his salary rather than 1/365 for each day on strike. The employer looking at the teacher’s working year, deducted 1/260.
Held: The employer had been correct to apply section 2 of the 1870 Act. The claim failed. 2 of the Apportionment Act required pay to be treated as accruing by equal amounts each day. While ‘accruing from day to day’ in section 2 must be construed as referring to calendar days, section 7 applied to disapply section 2 because the claimant’s contract necessarily implied that his pay was tied to his directed time work.

Judges:

Jay J

Citations:

[2014] IRLR 206, [2013] EWHC 2788

Links:

Bailii

Statutes:

Apportionment Act 1870 2

Jurisdiction:

England and Wales

Cited by:

AppliedHartley and Others v King Edward VI College CA 14-May-2015
The claimant teachers had been involved in a day’s strike action They objected that the employer had deducted 1/260 and not 1/365 of their annual salary.
Held: Section 2 of the 1870 Act did apply to a teacher’s contract, and the employee’s . .
CitedHartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 08 August 2022; Ref: scu.546830