EAT Unlawful Deductions From Wages
Local authority employers attempted to implement single status agreement between COSLA and unions as regards contracts of employment of concierges. Prior contracts included provision whereby they were entitled to a one hour paid lunch break in each 12 hour shift. Employer sought to impose changes including making part of lunch break unpaid. Employees objected and earlier Tribunal had found that there had been no variation of the original contract regarding the lunch break; concierges were still entitled to a one hour paid break in each 12 hour shift. Employer had, since 2000, been paying the claimants on the basis of the changes they had sought unilaterally to impose. Subsequent tribunal found, accordingly, that they were in breach of their contractual obligation to pay the concierges for the entirety of their one hour lunch break and that that was an unlawful deduction which gave rise to a loss which they quantified. On appeal, tribunal’s judgment quashed, save pronouncing a declaration of unlawful deductions, because (a) the tribunal had failed to recognise that the original contract had not been varied; (b) therefore that no contractual reduction in basic hours had yet been achieved; and (c) that meant that there was no basis in fact for the tribunal’s determination as to the value of the unpaid breaks.
Judges:
Smith J
Citations:
[2008] UKEAT 0028 – 07 – 2904
Links:
Employment
Updated: 26 July 2022; Ref: scu.346174