Source: All England Reporter
Publisher Citation: [2012] All ER (D) 334 (Oct)
Court: Employment Appeal Tribunal

Silber J

Representation Oliver Segal QC (instructed by Thompsons Solicitors, Nottingham) for the employees.
  Nigel Porter (instructed by DLA Piper UK LLP, Birmingham) for the employer.
Judgment Dates: 10 October 2012


Employment - Remuneration - Deduction from wages - Employees agreeing to work reduced hours on temporary basis - Employees requesting guarantee payment - Employers refusing - Employment tribunal finding employees not normally working on day in respect of which guarantee payment sought - Employees appealing - Whether temporary variation of hours affecting 'normal working hours' - .

The Case

Employment Remuneration. The Employment Appeal Tribunal dismissed the employees' appeal against, inter alia, the decision of the employment tribunal to dismiss their claims for guarantee payments as s28(1) of the did not preclude an agreed temporary variation constitutinga change to an employee's normal working hours so as to prevent the award of a guarantee payment merely because the variation was temporary.

Practice Areas

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