EAT UNLAWFUL DEDUCTION FROM WAGES
CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term
Was the Employment Tribunal correct to find that the Claimant was entitled, under her contract, to enhanced pay rates for working unsocial hours and that the Respondent had made unlawful deductions from her wages in not paying those enhanced rates? The Claimant was employed not directly in the NHS but by a private company providing facility services to hospital trusts. On a correct construction of her contract the Claimant’s entitlement was contingent upon the Respondent receiving funds for unsocial hours rates from the NHS Trust where she worked. Appeal allowed.
Judges:
Cox J
Citations:
[2012] UKEAT 0427 – 11 – 2501
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452330