Amey v Peter Symonds College [2013] EWHC 2788 (QB) (17 June 2013)

Amey v Peter Symonds College [2013] EWHC 2788 (QB) (17 June 2013)

The contract of employment, by necessary implication, ties pay to directed time (normal working days) and not to every calendar day. Therefore, section 7 of the Apportionment Act 1870 applies, disapplying day-to-day accrual under section 2. The correct deduction for strike days is 1/260th of annual salary, not 1/365th.

Citation
[2013] EWHC 2788 (QB)
Parties
Claimant/respondent: Paul George Amey; Defendant/appellant: Peter Symonds College
Jurisdiction
England and Wales
Judgment Date
17 June 2013
Procedural Posture
Part 8 Claim (declaratory Relief) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Salary Deduction for Strike Action, Interpretation of Employment Contracts, Application of Apportionment Act 1870, Directed and Undirected Time in Teaching Contracts
Employment Law Contract Law Salary Deduction for Strike Action Interpretation of Employment Contracts Application of Apportionment Act 1870 Directed and Undirected Time in Teaching Contracts

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Parties

Paul George Amey

Claimant/respondent

Peter Symonds College

Defendant/appellant

Procedural Posture

Part 8 Claim (declaratory Relief) / High Court Judgment

Legal Issues

  1. 1 Whether salary deduction for strike days should be calculated as 1/365th or 1/260th of annual salary under the claimant's contract of employment
  2. 2 Whether section 2 or section 7 of the Apportionment Act 1870 applies to the calculation of salary deduction for strike action

Ratio Decidendi

The contract of employment, by necessary implication, ties pay to directed time (normal working days) and not to every calendar day. Therefore, section 7 of the Apportionment Act 1870 applies, disapplying day-to-day accrual under section 2. The correct deduction for strike days is 1/260th of annual salary, not 1/365th.

Court Disposition

Claim dismissed

Orders

  • Application for declaratory relief refused