||All England Reporter
|| All ER (D) 187 (Feb)
||Employment Appeal Tribunal
Judge Peter Clark
||G Witherington (instructed by Direct Access) for the employee.
||The employer was not represented and did not appear.
||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.
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.
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