Source: All England Reporter
Publisher Citation: [2004] All ER (D) 126 (Nov)
Court: Employment Appeal Tribunal
Judge:

Judge McMullen QC, Mr P Gammon and Mr P Jacques

Representation Robert Palmer (instructed by Legal Services, Transport for London) for the employer.
  Schona Jolly (instructed by Morrish & Co, Leeds) for the employee.
Judgment Dates: 13 September 2004

Catchwords

Employment - Wages - Unauthorised deductions - Five per cent promotional increase - Increase not applying to unsocial hours allowance - Employee's total salary reducing after promotion - Employment tribunal finding in employee's favour - Correctness of decision.

The Case

In the instant case the employer's appeal against the employment tribunal's decision that the employee had suffered an unauthorised deduction in his wages was allowed as the effect of the contractual documents and custom and practice was that, on promotion, the employee had not been entitled to a 5% increase on his total salary.

Practice Areas

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