EAT Contract of Employment : Damages for Breach of Contract
UNLAWFUL DEDUCTION FROM WAGES
In 2005 the Claimant classroom assistant sought a re-grading through job evaluation. Nothing happened. She continued to do the same job. In 2008 the job was evaluated and she was re-graded. By then, the terms of the First Respondent’s job evaluation scheme, now incorporated into her contract, provided for back pay to the date of the request. The Employment Judge’s decision that she was not so entitled was set aside and the new term applied. The Employment Judge did not err in dismissing the damages claim based on a contractual right to job evaluation since in 2005 the term derived from that part of a collective agreement which was not apt for contractual enforcement. NUM v NCB and Marley applied.
Judges:
McMullen QC
Citations:
[2012] UKEAT 0104 – 12 – 2910
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 November 2022; Ref: scu.467153