Wages are payable only as consideration for work done and if no work is done no wages are payable, though this depends entirely upon the terms of the contract. MacKinnon LJ said: ‘It was rightly said . . by Atkinson J. (Petrie v. Mac Fisheries Ltd. (1940) 1 K.B. 258, at p.269), ‘The question must depend, as is indicated in the notes to Cutter v. Powell (1795) 6 T.R. 320 [101 E.R. 573] (Smith’s Leading Cases, 13th ed. (1929), vol. 11, p.49), on the terms of the contract. ‘The right to wages depends upon whether the consideration therefor has been performed.’ It is submitted in the notes to that case, as I think rightly, that it must be ascertained from the contract whether the consideration for the payment of wages is the actual performance of the work, or whether the mere readiness and willingness, if of ability to do so, is the consideration.”
Judges:
MacKinnon LJ
Citations:
[1940] 2 KB 469
Jurisdiction:
England and Wales
Cited by:
Cited – Lindsey Beveridge v KLM UK Ltd EAT 16-Feb-2000
EAT The claimant appealed refusal of her claim for unlawful deduction. She had been off sick long term. Her doctor certified her fit to return, and she asked to return, but her employer waited a further six weeks . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 21 June 2022; Ref: scu.374254