Source: All England Reporter
Publisher Citation: [2007] All ER (D) 485 (Oct)
Court: Employment Appeal Tribunal

Judge Peter Clark, Ms V Branney and Mr T Motture

Representation The employer appeared by its representative.
  The employee did not appear and was not represented.
Judgment Dates: 12 June 2007


Employment - Apprenticeship - Agreement - Employee bringing claim for unauthorised deductions from wages - Whether employee and employer entering into new agreement for the provision of increased wages for employee.

The Case

The Employment Appeal Tribunal upheld an appeal from the employer, in which the employment tribunal had found that the employee was entitled to claim for unauthorised deductions of wages, applying the well-established principle that for constructive dismissal to be found an employee, faced with a repudiatory breach by the employer, should not delay too long in terminating the contract in response to the employer's breach, otherwise he might be deemed to have waived the breach and agreed to vary the contract.

Practice Areas

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