EAT UNLAWFUL DEDUCTION FROM WAGES
JURISDICTIONAL POINTS
School caretaker living in caretaker’s house presented (by mistake or administrative error) with water rates bill normally paid by the school. Complaint to Employment Tribunal service.
Employment Tribunal Judge says no jurisdiction because (1) if it is a ‘deduction of pay’ complaint, no pay actually deducted (school paid the bill) and (2) if it is a ‘breach of contract’ claim, he is still employed by the school (see arts 3 and 4 of Employment Tribunals (Extension of Jurisdiction) Order 1994). Appellant in person simply asserting ‘there was a breach of contract’.
Appeal dismissed. ETJ clearly right that the ET service had no jurisdiction and the appeal was misconceived.
Application for costs refused. No warning by Respondent that it would apply for costs. No schedule of costs supplied in advance of hearing. Extent to which school’s conduct (in directing bill to him) had brought the case on themselves.
Judges:
Luba QC
Citations:
[2012] UKEAT 0013 – 12 – 1403
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454087