EAT Unlawful Deduction From Wages – CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term
For the purpose of resolving a dispute under Part II of the Employment Rights Act 1996 as to whether there has been an unlawful deduction from wages the ET is entitled to determine issues relating to the construction of the contract or the implication of any term of the contract. Delaney v Staples [1991] ICR 331 and Camden Primary Care Trust v Atchoe [2007] EWCA Civ 714 are binding authority to this effect. Agarwal v Cardiff University UKEAT/ 0210/16/RN (22 March 2017) not followed.
Citations:
[2017] UKEAT 0333 – 16 – 2504
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 March 2022; Ref: scu.582075
