The applicant’s job was ‘out-sourced’ with the effect that his earnings were considerably reduced. He reluctantly accepted new conditions. It was wrongly understood by all parties at the time that the change was governed by the regulations. He claimed damages for an unlawful deduction of wages in respect of the diminution. The tribunal decided it was not a qualifying transfer, but that the original terms had been adopted by the new employer. There was no duress and he had in fact adopted the new contract. He appealed again for the absence of full reasons, and that the tribunal had erred in relying upon a point of law not argued by the parties.
Held: The reasons were adequate, and though the parties might have been given chance to make representations upon the point of law, that point had not been essential to the decision.
EAT Unlawful Deduction from Wages –
Judges:
Mr Commissioner Howell QC
Citations:
EAT/827/99
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)
Jurisdiction:
England and Wales
Employment
Updated: 28 April 2022; Ref: scu.168271
