Camden Primary Care Trust v Atchoe

Camden Primary Care Trust v Atchoe

Removal from the on-call roster for health and safety reasons, as permitted and required by the implied term of the contract, meant Mr Atchoe was not entitled to on-call payments. There was no unauthorised deduction from wages as the payments were only due when on the roster and available for call-out.

Parties
Appellant: Camden Primary Care Trust; Respondent: Atchoe
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Civil Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unauthorised Deductions From Wages, Implied Terms in Employment Contracts, Health and Safety Obligations, On Call Payments, Procedural Fairness
Employment Law Unauthorised Deductions From Wages Implied Terms in Employment Contracts Health and Safety Obligations On Call Payments Procedural Fairness

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Parties

Camden Primary Care Trust

Appellant

Atchoe

Respondent

Procedural Posture

Civil Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether removal from on-call roster and consequent loss of payment constituted unauthorised deduction from wages under Section 13 of the Employment Rights Act 1996
  2. 2 Whether employer was contractually entitled to remove employee from on-call roster on health and safety grounds
  3. 3 Whether failure to pay on-call payments amounted to breach of contract

Ratio Decidendi

Removal from the on-call roster for health and safety reasons, as permitted and required by the implied term of the contract, meant Mr Atchoe was not entitled to on-call payments. There was no unauthorised deduction from wages as the payments were only due when on the roster and available for call-out.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £10,000