EAT UNLAWFUL DEDUCTION FROM WAGES
The Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act 1996 section 13. The Claimants’ claims were for damages not for sums which were ascertained or ascertainable. The exercise of job evaluation or assessing whether or not the job evaluation had been carried out properly was not the determination of an issue of fact nor was it one which the Employment Tribunal has jurisdiction to undertake in determining a claim under ERA section 13. Coors Brewers Ltd v Adcock and others [2007] IRLR 440 applied.
Properly directing himself the only decision open to the Employment Judge was that the ET had no jurisdiction under ERA section 13 to determine the Claimants’ claims. Appeal allowed and claims of unlawful deduction from wages dismissed.
Judges:
Slade DBE J
Citations:
[2012] UKEAT 0616 – 11 – 0611
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 November 2022; Ref: scu.465564