Scicluna v Zippy Stitch Ltd & Ors [2018] EWCA Civ 1320 (08 June 2018)
The appeal was dismissed because the only issue before the Employment Tribunal was whether there was an agreement to pay salary; the company did not raise the issue of affordability or implied terms in the agreed list of issues, and thus could not do so for the first time on appeal.
- Citation
- [2018] EWCA Civ 1320
- Parties
- Respondent/claimant: James Scicluna; Appellants/respondents: Zippy Stitch Limited & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 08 June 2018
- Procedural Posture
- Appeal From Employment Appeal Tribunal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Implied Terms, Unlawful Deduction of Wages, Breach of Contract, Agreed List of Issues
Case Brief
Summary, issues, holding and outcome
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Parties
James Scicluna
Respondent/claimant
Zippy Stitch Limited & Others
Appellants/respondents
Procedural Posture
Appeal From Employment Appeal Tribunal / Final Judgment
Legal Issues
- 1 Whether an implied term exists that deferred salary is payable on termination
- 2 Whether the issue of implied term can be raised for the first time on appeal
- 3 Consistency between contract claim and unlawful deduction claim
Ratio Decidendi
The appeal was dismissed because the only issue before the Employment Tribunal was whether there was an agreement to pay salary; the company did not raise the issue of affordability or implied terms in the agreed list of issues, and thus could not do so for the first time on appeal.
Court Disposition
Appeal dismissed
Orders
- Appellant to pay Respondent's costs of the appeal, summarily assessed at £13,000 including VAT
Full Case Text
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