EAT Equal Pay Act – UNLAWFUL DEDUCTION FROM WAGES
CONTRACT OF EMPLOYMENT – Wrongful dismissal
Equal Pay – Unauthorised deductions – Notice entitlement
Upon her initial appointment with the Respondent, in 2005, the Claimant’s contract had stated she was on a different level of pay to that which was in fact paid to her. As the ET found, the reference in the contract was, however, an error; the amount actually paid to the Claimant represented her true entitlement. In any event, the discrepancy ceased when the Claimant was assimilated on to Agenda for Change terms and conditions: the pay level to which she was assigned would have been the same whichever rate had previously been correct. This was, therefore, not an on-going issue. It did not impact upon the Claimant’s equal pay claim and the higher rate of pay received by her comparator was justified by material differences between his case and her case in any event. Further, there was no unauthorised deduction in pay: the Claimant had received that to which she was entitled. As for her notice pay claim, the Claimant had simply not provided any evidence to support this.
Upon the Claimant’s appeal:
Dismissing the appeal. The way in which the Claimant now sought to argue the case was not as it had been put before the ET. In any event, the ET’s unchallenged findings meant that the points taken on appeal simply could not arise. The initial error did not impact upon the equal pay claim and could not be relied on in respect of any unauthorised deductions claim or notice pay complaint.
Eady QC HHJ
[2016] UKEAT 0240 – 15 – 2502
Bailii
Equal Pay Act 1970
England and Wales
Employment
Updated: 14 January 2022; Ref: scu.562544
