Scicluna v Zippy Stitch Ltd & Ors
The appeal was dismissed because the only live issue before the Employment Tribunal was whether there was an agreement to pay salary; the company could not raise new arguments about affordability or implied terms on appeal, as these were not included in the agreed list of issues.
- Parties
- Respondent/claimant: James Scicluna; Appellants/respondents: Zippy Stitch Limited & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 08 June 2018
- Procedural Posture
- Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Unlawful Deduction of Wages, Implied Terms in Employment Contracts, Breach of Contract, Remuneration on Termination
Case Brief
Summary, issues, holding and outcome
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Parties
James Scicluna
Respondent/claimant
Zippy Stitch Limited & Others
Appellants/respondents
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Legal Issues
- 1 Whether an implied term exists that deferred salary becomes payable on termination of employment
- 2 Whether the issue of affordability and payment on termination can be raised for the first time on appeal
Ratio Decidendi
The appeal was dismissed because the only live issue before the Employment Tribunal was whether there was an agreement to pay salary; the company could not raise new arguments about affordability or implied terms on appeal, as these were not included in the agreed list of issues.
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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