EAT Unlawful Deduction From Wages – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The employer imposed a 5% pay cut on the workforce without their express consent. The Employment Judge was entitled to conclude implied variation by consent in the absence of objection by the union or employees until 23 October 2012, the first reduced pay packet being issued on 10 May.
Whether certain remarks made by the Employment Judge at the beginning and end of the Employment Tribunal Hearing gave the appearance of bias in favour of the employer. Objectively, they did not.
The Claimant’s appeal is dismissed.
Peter Clarke HHJ
[2015] UKEAT 0262 – 14 – 1501
Bailii
England and Wales
Employment
Updated: 28 December 2021; Ref: scu.543964