Edwards and Others v The Secretary of State for Justice: EAT 24 Jul 2014

EAT Unlawful Deduction From Wages – The Claimants declined to be taken to work at HMP Dartmoor on a road which had been closed following snowfall. On the question whether the Claimants reasonably believed that there were circumstances of danger which were serious and imminent, (section 44(1)(d) and (e) of the Employment Rights Act 1996), the Employment Judge (1) did not resolve an important issue of fact as to whether the Claimants were told that the police had sanctioned use of Prison 4×4 vehicles, (2) did not address the beliefs of the Claimants individually, notwithstanding that some Claimants gave specific evidence as to their beliefs and the reasons for them which required to be addressed and (3) reasoned erroneously that since some colleagues had travelled without difficulty or danger it did not ‘lie in the mouths’ of others to hold a reasonable belief in serious and imminent danger. In these respects the Employment Judge did not deal sufficiently with the issues in the case, and gave reasons which were not Meek compliant.

David Richardson HHJ
[2014] UKEAT 0123 – 14 – 2407
Bailii
England and Wales

Employment

Updated: 21 December 2021; Ref: scu.536683