Requirement to accept new contract allowing deductions not sufficient alone; employee unable to show that was reason for dismissal. A refusal to accept threat of unlawful deduction from wages does not create unfair dismissal jurisdiction. Citations: Times 18-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Civ 2082 Statutes: Wages Act 1986, Employment Protection (Consolidation) Act 1988 60A(2) Jurisdiction: … Continue reading Newell and Wright (Transport Contractors) Limited v Mennell: CA 10 Jul 1997
The Administrators sought directions in relation to the treatment of redundancy payments which will be due if the Administrators terminate the contracts of certain employees of the Companies. Held: The liability of administrators to pay out for redundancy of unfair dismissal claims by employees during the period of administration was not a proper expense of … Continue reading Allders Department Stores Limited (In Administration) -In the Matter of the Insolvency Act 1986: ChD 16 Feb 2005
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery of expenses arising from the birth of a healthy child, and awarded damages in … Continue reading Thake v Maurice: CA 1986
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The employee had been taken on on a trial, and was told that he must give one week’s notice or forfeit a week’s wage. He left without notice, and the employer withheld his wage. Held: The deduction was unlawful unless the employee had agreed in writing beforehand. Citations: [1989] ICR 12 Statutes: Wages Act 1986 … Continue reading Pename v Paterson: EAT 1988
A self-employed worker was entitled to claim for commission payments due as wages due to a worker, but the employer was entitled to make allowance for advance payments he had made. Citations: Times 04-May-1998, [1998] IRLR 376, [1998] EWCA Civ 654 Links: Bailii Statutes: Wages Act 1986 5(6) 7 Jurisdiction: England and Wales Citing: Appeal … Continue reading Robertson v Blackstone Franks Investment Management Limited: CA 7 Apr 1998
Deductions from unpaid commissions are deductions from wages for Act. Citations: Times 12-Nov-1996 Statutes: Wages Act 1986 7(1) Jurisdiction: England and Wales Citing: Appealed to – Robertson v Blackstone Franks Investment Management Limited CA 7-Apr-1998 A self-employed worker was entitled to claim for commission payments due as wages due to a worker, but the employer … Continue reading Blackstone Franks Investment Management Ltd v Robertson: EAT 12 Nov 1996
The company appealed against a finding that they had made an unlawful deduction from the claimant’s salary. He was manager of a store where there had been shortfalls of stock, and had deducted part of its value from his salary on dismissing him. Judges: Wood P J Citations: [1993] UKEAT 327 – 90 – 1201, … Continue reading Discount Tobacco and Confectionary Ltd v Williamson: EAT 12 Jan 1993
The claimant appealed against the rejection of his claim for unfair dismissal. He had been dismissed after doing work for another contractor during his hours for the defendant and using their equipment. Judges: Bassignthwaighte HHJ Citations: [1996] UKEAT 585 – 95 – 1405 Links: Bailii Statutes: Wages Act 1986 Jurisdiction: England and Wales Employment Updated: … Continue reading Hughes v J Murphy and Sons Ltd: EAT 14 May 1996
The claimant appealed against rejection of his claim under the 1986 Act with costs. Judges: Byrt QC J Citations: [1998] UKEAT 1078 – 96 – 2105 Links: Bailii Statutes: Wages Act 1986 Jurisdiction: England and Wales Employment Updated: 17 June 2022; Ref: scu.206384
Employees appealed against decisions that their employer had not made unlawful deductions from their wages. The company had unilaterally reduced the rate of overtime pay. Held: The appeal was allowed.Mummery J P said: ‘the reason why the Industrial Tribunal erred in law was that it misconstrued the provisions of the Wages Act 1986 and the … Continue reading Bruce and Others v Wiggins Teape (Stationery) Ltd: EAT 13 May 1994
A waiter’s tips which were received, and then re-distributed by the employer, are part of the employees’ wages for minimum wage purposes. The gratuities became the employer’s property so that when they paid the waiters their share of them, they were doing so with their (the employer’s) own money and such payments therefore counted towards … Continue reading Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar): CACD 15 May 1996
Any failure by an employer to pay any amount of wages properly payable to an employee amounts to a deduction from his wages for the purposes of section 7. The basic object of the 1986 Act is ‘to see that workers receive their wages in full at the time they are due’. The 1986 Act … Continue reading Delaney v Staples: CA 1991
Employer’s appeal against the decision of an Industrial Tribunal promulgated on 5 December 1995 that the Appellant deducted certain sums from the wages of each of these two Respondents, contrary to the Wages Act 1986, and against the orders of that Tribunal that such sums should be paid to the Respondents. Judges: The Honourable Mr … Continue reading Taylor Freezer (UK) Plc v Merakli and Another: EAT 5 Mar 1997
The employee went on strike for a half day. The employer deducted a whole day’s pay, and the employee sought to complain to the Industrial Tribunal that the extra half days deduction was unlawful. It was held that the tribunal had no power to hear the complaint. The deduction arose from the strike, and so … Continue reading Sunderland Polytechnic v Evans: EAT 16 Mar 1993
Appeal against a decision of an Industrial Tribunal sitting at Middlesborough that the appellants had failed to pay the respondent pounds 2,152 unpaid wages in lieu of holidays contrary to the Wages Act 1986. Judges: The Honourable Mr Justice Keene Citations: [1997] UKEAT 1240 – 96 – 1203 Links: Bailii Statutes: Wages Act 1986 Jurisdiction: … Continue reading Richmondshire District Council v Dodds: EAT 12 Mar 1997
[1996] UKEAT 474 – 95 – 2601 Bailii Wages Act 1986 England and Wales Employment Updated: 27 December 2021; Ref: scu.208071
The claimant had been dismissed but had been given no payment in lieu of notice. She claimed to the Industrial Tribunal that this was an unlawful deduction from her wages and that therefore the Industrial Tribunal had jurisdiction. Held: The claim was a claim in contract, and as such had to be presented to the … Continue reading Delaney v Staples: HL 15 Apr 1992
The claimant had made separate complaints of unfair dismissal, and under the 1986 Act. He now appealed an order combining the two cases. The respondent alleged that there were common issues of law and fact.
Held: The decision was one for the . .
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
EAT UNFAIR DISMISSAL – Polkey deduction AGE DISCRIMINATION – Dismissal VICTIMISATION – Post-employment FACTS The employee was dismissed on grounds of retirement, having reached an age over 65. A failure by the employer to follow statutory procedures in relation to age-related retirement led to findings by an Employment Tribunal of unfair dismissal and of unlawful … Continue reading Rowstock Ltd v Jessemey: EAT 5 Mar 2013
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
The administrators had adopted the contracts of certain employees, who now claimed that the protective awards should have priority to the expenses of the administration. Held: The payments did fall within paragraph 99(5) and do not have super-priority.Responsibility for protective awards on insolvency. Judges: Lord Justice Clarke Lord Justice Jacob Lord Justice Neuberger Citations: [2005] … Continue reading Krasner v McMath; in Re Huddersfield Fine Worsteds Limited: CA 12 Aug 2005
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties. Held: There is no procedural irregularity in the Tribunal members holding a meeting in the absence of the parties for the purposes … Continue reading Puglia v C James and Sons: EAT 24 Oct 1995
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
In March 1988 the employers, the bus company, York City and District Travel Limited negotiated an agreement with the trade union varying their employees contracts of employment so as to provide that the employers were entitled to deduct any cash shortages from the wages of staff handling cash. On the 10th June 1988 minutes of … Continue reading York City and District Travel Ltd v Smith: EAT 1990
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
EAT Unfair DismissL – Reinstatement/re-engagement – UNFAIR DISMISSAL – Compensation The amount of a week’s pay for the purposes of calculating in accordance with Employment Rights Act 1996 section 124(1ZA)(b) the upper limit of compensation which may be awarded under section 123, applying section 221(2), is the amount of remuneration payable under the contract of … Continue reading University of Sunderland v Drossou (Unfair Dismissal): EAT 13 Jun 2017
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed against the refusal to strike out the claims on the basis that they could more conveniently have … Continue reading Birmingham City Council v Abdulla and Others: SC 24 Oct 2012
Promisse to Pay Tax due is not Consideration The company appealed against an order for its winding up, saying that the debt was disputed, an accomodation having been reached with the Revenue. Held: The court declined to regard a promise to the Revenue by a company to pay its existing liabilities by instalments and future … Continue reading In Re Selectmove Ltd: CA 21 Dec 1993
alexander_standard1991 The court considered under what circumstances a collective agreement between an employer and trades unions would be incorporated into an individual employee’s contract: ‘The so-called ‘normative effect’ by which it can be inferred that provisions of collective agreements have become part of individual contracts of employment is now well recognised in employment law (see, … Continue reading Alexander v Standard Telephones and Cables Ltd (No. 2): 1991
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it under bare trust for him. Held: The claimant’s appeal succeeded. A … Continue reading Thorner v Major and others: HL 25 Mar 2009
