Source: All England Reporter
Publisher Citation: [2004] All ER (D) 352 (Nov)
Court: Employment Appeal Tribunal
Judge:

Judge Serota QC, Ms P Tatlow and Professor P Wickens

Representation The employees appeared by their representative.
  The employer appeared by his representative.
Judgment Dates: 20 October 2004

Catchwords

Employment - Unfair dismissal - Automatic unfairness - Right to bring complaint of alleged unlawful deductions from wages - , s 104.

The Case

A right to take proceedings before a tribunal in a case of unlawful deduction of wages was a protected right so far as s104(1)(b) of the was concerned. It followed that, in all the circumstances, a chairman of an employment tribunal had erred in striking out that complaint of the employees, notwithstanding that they had been unable to identify a relevant statutory right for the purposes of s104 at the time.

Practice Areas

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