EAT UNLAWFUL DEDUCTION FROM WAGES
STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether applicable
Impact on compensation
The employee was suspended without pay when dismissed for refusing to work on Mondays when he was contractually obliged to do so. The employer appealed against the award as an unlawful deduction of wages during the suspension without pay. Held that the Employment Tribunal had, on the hypothesis that there was a contractual right to suspend without pay, correctly held that the statutory disciplinary and dismissal procedure applied, at least as to Step 1, and had not been complied with; and that on the terms of the relevant document, in the circumstances the employer could not lawfully exercise that right. Therefore the employee was entitled to his wages, less any deduction in respect of Mondays, pursuant to Miles v Wakefield, the extent of which was remitted to the Employment Tribunal to ascertain.
The Employment Tribunal erred in failing to consider what uplift on the sum unlawfully deducted should be made pursuant to Section 31 of the Employment Act 2002.
Judges:
Burke QC J
Citations:
[2008] UKEAT 0547 – 07 – 1706
Links:
Employment
Updated: 18 July 2022; Ref: scu.271325