EAT UNLAWFUL DEDUCTION FROM WAGES
The 78 Claimants were cabin crew employed by BA at their Manchester base. In October 2006 BA closed that base; they did not dismiss the Claimants; but they did not roster them for flying duties. If they had flown, the Claimants could have become entitled, depending on differing criteria, to payment of one or more of a number of allowances. They claimed payment of the allowances they would, but for the closure, have earned as wages under Part II of ERA 1996. Held that the Tribunal had correctly concluded that there was no jurisdiction to hear the claims; albeit for reasons which were not entirely the same as the Tribunal’s. The absence of jurisdiction arose not because the claims were not quantifiable but because they were not claims for wages as defined by section 27 of ERA; they were claims for damages for loss of a chance and would not be brought before the Tribunal while employment continued.
Citations:
[2009] UKEAT 0033 – 08 – 1301
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 February 2022; Ref: scu.280161
