Hartley & Ors v King Edward VI College [2015] EWCA Civ 455 (14 May 2015)

Hartley & Ors v King Edward VI College [2015] EWCA Civ 455 (14 May 2015)

The teachers' contracts, when construed in light of the Apportionment Act 1870, do not require salary to accrue at an equal daily rate; pay is closely linked to directed working days, and deduction of 1/260 of annual salary for a strike day is lawful. The principle of equal daily accrual is not mandated by the Act and is excluded by necessary implication from the contract terms.

Citation
[2015] EWCA Civ 455
Parties
Appellant/claimant: Peter James Hartley; Appellant/claimant: Jeremy George Panko; Appellant/claimant: Stewart Monk; Defendant/respondent: King Edward VI College
Jurisdiction
England and Wales
Judgment Date
14 May 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Strike Action, Salary Deduction, Apportionment Act 1870, Employment Contracts, Remuneration Calculation
Employment Law Contract Law Strike Action Salary Deduction Apportionment Act 1870 Employment Contracts Remuneration Calculation

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Parties

Peter James Hartley

Appellant/claimant

Jeremy George Panko

Appellant/claimant

Stewart Monk

Appellant/claimant

King Edward VI College

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Apportionment Act 1870 requires salary to accrue at an equal daily rate for teachers on strike
  2. 2 Whether the teachers' contracts exclude the principle of equal daily accrual under section 7 of the Act
  3. 3 How much pay can lawfully be withheld for a strike day

Ratio Decidendi

The teachers' contracts, when construed in light of the Apportionment Act 1870, do not require salary to accrue at an equal daily rate; pay is closely linked to directed working days, and deduction of 1/260 of annual salary for a strike day is lawful. The principle of equal daily accrual is not mandated by the Act and is excluded by necessary implication from the contract terms.

Court Disposition

Appeal dismissed