Publisher Citation: [2006] All ER (D) 39 (Nov)
Court: Queen's Bench Division
Judge:

Judge Hawkesworth QC sitting as a judge of the High Court

Representation David McIlroy (instructed by Curlews) for the claimant.
  Mathew Sheridan (instructed by Clyde & Co) for the defendant.
Judgment Dates: 3 November 2006

Catchwords

Employment - Remuneration - Withholding of salary by agreement - Claimant's previous employer withholding salary - Claimant transferring to employ of defendant company - Whether liability for withheld salary transferring to defendant with claimant's employment.

The Case

On the evidence, the claimant had failed to establish that the liability to pay his salary, which had been withheld by agreement by his former employer, had been transferred, with his employment, to the defendant.

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