Hartley and Others v King Edward VI College: CA 14 May 2015

The claimant teachers had been involved in a day’s strike action They objected that the employer had deducted 1/260 and not 1/365 of their annual salary.
Held: Section 2 of the 1870 Act did apply to a teacher’s contract, and the employee’s appeal failed.

Elias, Tomlinson, Sales LJJ
[2015] EWCA Civ 455, [2015] WLR(D) 216, UKSC 2015/0142, [2015] ICR 1143, [2015] IRLR 650, [2015] ELR 513
Bailii, WLRD, SC, SC Summary, SC 20170201amVideo, SC 20170201pm Video
Apportionment Act 1870 2
England and Wales
AppliedAmey v Peter Symonds College QBD 2013
The claimant was a full time teacher at a sixth form college who went on strike. He participated in two days of industrial action. He argued that the College acted unlawfully in deducting 1/260 of his salary rather than 1/365 for each day on strike. . .
CitedSim v Rotherham Metropolitan Borough Council 1981
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the . .

Cited by:
Appeal fromHartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .

Lists of cited by and citing cases may be incomplete.


Updated: 30 December 2021; Ref: scu.546827