EAT UNLAWFUL DEDUCTION FROM WAGES
On the true construction of the Claimants’ contracts of employment on their secondment from Qantas in Australia to its subsidiary, the Respondent, in London, payment of allowances for food and accommodation were not made on top of the normal wages but were included within the package, for reasons of tax efficiency. The Employment Tribunal’s judgment was reversed. Since the payment was in respect of expenses, a claim under Part II of the Employment Rights Act 1996 was not available to them. Their claim for location payments was not a payment related to expenses but was properly open to the Claimants under the Act. The claim at the higher level they had sought failed as a matter of construction. The Employment Tribunal’s judgment on this point was upheld. Further, Ms Hooper’s claim was out of time. She complained of only one deduction which could not be part of a series so as to extend time.
McMullen QC J
[2012] UKEAT 0106 – 12 – 0211
Bailii
Employment Rights Act 1996
England and Wales
Employment
Updated: 02 November 2021; Ref: scu.465545