Agarwal v Cardiff University & Anor

Agarwal v Cardiff University & Anor

Employment Tribunals have jurisdiction to interpret and apply employment contracts when determining unauthorised deduction of wages claims under Part II of the Employment Rights Act 1996. The concession issue does not preclude the appellant from raising the jurisdiction point on appeal. The collective agreement in...

Source-derived case information.

Parties
Appellant: Meena Agarwal; First Respondent: Cardiff University; Second Respondent: Cardiff and Vale University Health Board; Appellant: Tyne and Wear Passenger Transport Executive t/a Nexus; Respondents: Steven Anderson and others
Jurisdiction
England and Wales
Judgment Date
27 September 2018
Procedural Posture
Appeal / Court of Appeal Judgment on Appeals From the Employment Appeal Tribunal
Outcome
Agarwal: Appeal allowed; Nexus: Appeal dismissed
Legal Topics
Employment Tribunal Jurisdiction, Unauthorised Deduction of Wages, Contractual Interpretation, Employment Contract, Collective Agreement, Statutory Construction
Employment Law Employment Tribunal Jurisdiction Unauthorised Deduction of Wages Contractual Interpretation Employment Contract Collective Agreement Statutory Construction

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Parties

Meena Agarwal

Appellant

Cardiff University

First Respondent

Cardiff and Vale University Health Board

Second Respondent

Tyne and Wear Passenger Transport Executive t/a Nexus

Appellant

Steven Anderson and others

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment on Appeals From the Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal has jurisdiction to resolve disputes about the construction of a contract of employment in the context of a claim for unauthorised deduction of wages under Part II of the Employment Rights Act 1996
  2. 2 Whether a concession made in the Employment Tribunal precludes the appellant from raising the jurisdiction issue on appeal
  3. 3 Proper construction of a collective agreement affecting calculation of shift allowance

Ratio Decidendi

Employment Tribunals have jurisdiction to interpret and apply employment contracts when determining unauthorised deduction of wages claims under Part II of the Employment Rights Act 1996. The concession issue does not preclude the appellant from raising the jurisdiction point on appeal. The collective agreement in Nexus unambiguously increased basic pay for all purposes, including shift allowance calculation, regardless of the employer's intention of cost-neutrality.

Court Disposition

Agarwal: Appeal allowed; Nexus: Appeal dismissed

Orders

  • Permission to appeal granted to Ms Agarwal
  • Agarwal: Employment Tribunal has jurisdiction to determine the claim; matter remitted for determination on the merits