glasson_bexleyEAT0414
EAT Unlawful Deduction From Wages – CONTRACT OF EMPLOYMENT – Incorporation into contract
The Employment Tribunal, in a sufficiently reasoned decision, was entitled on the evidence to conclude that:
(i) Payments made to the Appellant, between April 2007 and July 2011, for performing additional duties, were made under the Respondent’s ‘honorarium’ scheme.
(ii) They were discretionary payments, the power to pay which existed only for as long as those duties were additional duties.
(iii) That power ceased when, upon a restructuring, the Appellant was assimilated into a new role, which included these duties within the job description for her new role.
(iv) That new role was subject to a job evaluation arising from which the Appellant was entitled to be paid against the relevant pay grade
(v) Thereafter, a decision by the Respondent to cease paying the honorarium payment did not amount to an unauthorised deduction from wages.
Wilkie J
[2014] UKEAT 0224 – 13 – 1004
Bailii
Employment Rights Act 1996 11 13
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.523672
