The employers had employed bricklayers as self-employed sub-contractors. They changed them over to employees, reducing pay to allow for the additional costs of employing them. The claimant had worked for them under the old system, and returned after a break under the new system. The change was not explained. The tribunal applied the rule that ‘no valid distinction is to be drawn for the purposes of the Wages Act between a deduction from wages on the one hand, and a reduction in wages on the other.’ In this case unexplained changes had been made to the employee’s allocation sheets. The tribunal had applied the correct legal test, and the EAT could interfere with the factual interpretation.
Judges:
The Honourable Lord Johnston
Citations:
EAT/146/01
Jurisdiction:
England and Wales
Citing:
Applied – Bruce and Others v Wiggins Teape (Stationery) Ltd EAT 13-May-1994
Employees appealed against decisions that their employer had not made unlawful deductions from their wages. The company had unilaterally reduced the rate of overtime pay.
Held: The appeal was allowed.
Mummery J P said: ‘the reason why the . .
Lists of cited by and citing cases may be incomplete.
Employment, Scotland
Updated: 08 July 2022; Ref: scu.168289