Amey v Peter Symonds College
The contract of employment, by necessary implication, ties pay to directed time (normal working days) and not to all calendar days; therefore, section 7 of the Apportionment Act 1870 applies, and the correct deduction for strike days is 1/260th of annual salary, not 1/365th.
- Parties
- Claimant/respondent: Paul George Amey; Defendant/appellant: Peter Symonds College
- Jurisdiction
- England and Wales
- Judgment Date
- 17 June 2013
- Procedural Posture
- Employment Contract Dispute / Judgment at First Instance
- Outcome
- Application for declaratory relief refused
- Legal Topics
- Salary Deduction, Strike Action, Apportionment Act 1870, Interpretation of Employment Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
Paul George Amey
Claimant/respondent
Peter Symonds College
Defendant/appellant
Procedural Posture
Employment Contract Dispute / Judgment at First Instance
Legal Issues
- 1 Whether salary deduction for strike days should be calculated on a 1/365th or 1/260th basis under the claimant's contract of employment
- 2 Whether section 2 or section 7 of the Apportionment Act 1870 applies to the calculation of salary deduction in this context
Ratio Decidendi
The contract of employment, by necessary implication, ties pay to directed time (normal working days) and not to all calendar days; therefore, section 7 of the Apportionment Act 1870 applies, and the correct deduction for strike days is 1/260th of annual salary, not 1/365th.
Court Disposition
Application for declaratory relief refused
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