||All England Reporter
|| All ER (D) 126 (Nov)
||Employment Appeal Tribunal
Judge McMullen QC, Mr P Gammon and Mr P Jacques
||Robert Palmer (instructed by Legal Services, Transport for London) for the employer.
||Schona Jolly (instructed by Morrish & Co, Leeds) for the employee.
||13 September 2004
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.
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.
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