EAT Unlawful Deduction from Wages – Ready, Willing and Able to Work
As the Employment Tribunal had found that the Respondent had the right to take the Claimant off stand-by duties on health and safety grounds, the consequent reduction in pay was not an unauthorised deduction. He was then paid what was properly payable under Employment Rights Act 1996 s 13(3). The Employment Tribunal also relied on authorities without giving the Claimant the opportunity to make submissions, and the authorities did not support the Employment Tribunals reasoning. Albion Hotel applied. Employment Tribunal Judgment reversed.
Judges:
His Honour Judge McMullen QC
Citations:
[2006] UKEAT 0172 – 06 – 2208, UKEAT/0172/06
Links:
Citing:
Cited – Lindsey Beveridge v KLM UK Ltd EAT 16-Feb-2000
EAT The claimant appealed refusal of her claim for unlawful deduction. She had been off sick long term. Her doctor certified her fit to return, and she asked to return, but her employer waited a further six weeks . .
Cited by:
Appeal from – Camden Primary Care Trust v Atchoe CA 9-May-2007
Appeal against dismissal of claim of unauthorised deduction from wages. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.257859
