Source: All England Reporter
Publisher Citation: [2011] All ER (D) 187 (Feb)
Court: Employment Appeal Tribunal

Judge Peter Clark

Representation G Witherington (instructed by Direct Access) for the employee.
  The employer was not represented and did not appear.
Judgment Dates: 14 January 2011


Employment - Contract of employment - Variation - Unlawful deduction of wages - Employee being employed as storekeeper - Terms of conditions of employment having no provision for lay-off without pay - Employer issuing new handbook containing provision for lay-off without pay - Employee issuing proceedings in employment tribunal for unauthorised deduction of wages - Judge dismissing claim on ground of agreed variation of contract of employment - Whether judge erring.

The Case

Employment Contract of employment. The Employment Appeal Tribunal held that the employment tribunal had erred in concluding that, as a matter of law, the employee was deemed to have agreed to a variation of contractual terms to permit lay-off without pay. Accordingly, it held that the employer had made unauthorised deductions from the employee's wages.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.