Hartley & Ors v King Edward VI College

Hartley & Ors v King Edward VI College

The lawful deduction for a strike day is determined by the contract, which ties pay to directed working days; the Apportionment Act 1870 does not mandate equal daily accrual, and the contract excludes such accrual by necessary implication. Deduction of 1/260 of annual salary is lawful.

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 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Salary Deduction, Strike Action, Apportionment of Pay, Interpretation of Employment Contracts
Employment Law Contract Law Salary Deduction Strike Action Apportionment of Pay Interpretation of Employment Contracts

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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 / Judgment on Appeal

Legal Issues

  1. 1 What is the lawful amount an employer may withhold from teachers' pay for a strike day?
  2. 2 Does the Apportionment Act 1870 apply to employment contracts and require equal daily accrual of salary?
  3. 3 Can the principle of equal daily accrual be excluded by contract under section 7 of the Act?

Ratio Decidendi

The lawful deduction for a strike day is determined by the contract, which ties pay to directed working days; the Apportionment Act 1870 does not mandate equal daily accrual, and the contract excludes such accrual by necessary implication. Deduction of 1/260 of annual salary is lawful.

Court Disposition

appeal dismissed

Orders

  • Deduction of 1/260 of annual salary for strike day upheld
  • No further relief granted to appellants