Source: All England Reporter
Publisher Citation: [2002] All ER (D) 68 (May)
Court: Employment Appeal Tribunal

Judge Peter Clark, Ms N Amin and Mr T Thomas

Representation Anna Thomas (instructed by Pattinson & Brewer, Bristol) for the applicant.
  Ingrid Simler (instructed by Solicitor to the Department of Social Security) for the respondent.
Judgment Dates: 26 March 2002


Employment - Wages - Obligation to pay - Higher duty allowance - Applicant claiming back pay for performing duties of senior officer - Management refusing to make payments for entire period duties performed - Whether applicant entitled to payments - Whether management making unlawful deduction of wages - Whether complaint time-barred - s 23.

The Case

On an appeal against an employment tribunal's refusal to award the applicant back payments for higher duty allowance on the ground that the claim was time-barred, the Employment Appeal Tribunal held that the tribunal had considered the question of reasonable practicability, and, in the absence of any lawful submission on behalf of the applicant, had concluded that he could not rely on the s23 proviso in the .

Practice Areas

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