Spackman v London Metropolitan University: Misc 13 Jul 2007

Shoreditch County Court – claim brought by an employee against her employer arising from non-payment of part of her salary. Normally such a claim would be made under the statutory jurisdiction of an Employment Tribunal. But it is agreed that access to that Tribunal is not available in this case because the factor which triggered the deduction by the employer was the taking of industrial action by the employee.
Held: The claim failed and was dismissed. The fact that the employer has not locked-out the employee by barring them from the workplace nor prevented him or her from doing other work, does not itself amount to acceptance by the employer of the work that the employee in fact undertakes as sufficient performance of the contract.
Recorder Luba QC
[2007] EW Misc 4 (EWCC), [2007] IRLR 744
Bailii
Citing:
CitedMiles v Wakefield Metropolitan District Council HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he . .
CitedWiluszynski v Tower Hamlets LBC 1989
Where a contract expressly provides for fixed remuneration on specified events, the court cannot award any other remuneration on those events, nor can it awarded any remuneration if they do not occur. . .

These lists may be incomplete.
Updated: 24 February 2021; Ref: scu.406757