Abrahall & Ors v Nottingham City Council & Anor

Abrahall & Ors v Nottingham City Council & Anor

Employees in all three groups enjoyed a contractual right to pay progression, and their conduct in continuing to work after the pay freeze did not constitute acceptance of a variation suspending that right; the Council breached contract by withholding increments.

Parties
Appellants: Abrahall & Others; Respondents: Nottingham City Council & Anr
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeals allowed.
Legal Topics
Variation of Contract, Unlawful Deduction of Wages, Collective Agreements, Pay Progression, TUPE Transfers
Employment Law Contract Law Variation of Contract Unlawful Deduction of Wages Collective Agreements Pay Progression TUPE Transfers

Case Brief

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Parties

Abrahall & Others

Appellants

Nottingham City Council & Anr

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether employees had a contractual right to pay progression under single status contracts
  2. 2 Whether employees accepted a variation suspending pay progression by continuing to work without protest

Ratio Decidendi

Employees in all three groups enjoyed a contractual right to pay progression, and their conduct in continuing to work after the pay freeze did not constitute acceptance of a variation suspending that right; the Council breached contract by withholding increments.

Court Disposition

Appeal dismissed; cross-appeals allowed.

Orders

  • All claimants entitled to arrears of pay equivalent to what they would have earned if pay progression had been operated during the freeze years.