Wedge v Hilditch Martin Services Ltd [2014] NIIT 949_14IT (11 July 2014)

Wedge v Hilditch Martin Services Ltd [2014] NIIT 949_14IT (11 July 2014)

The respondent had no contractual right, express or implied, to impose a four day week on the claimant. The claimant did not agree to the variation, and his continued employment did not amount to affirmation or waiver of breach. The deduction of pay for 12 days was therefore unauthorised, subject to credit for...

Source-derived case information.

Citation
[2014] NIIT 949_14IT
Parties
Claimant: Mark Wedge; Respondent: Hilditch Martin Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 July 2014
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim allowed
Legal Topics
Unauthorised Deduction From Wages, Short Time Working, Breach of Contract, Statutory Guarantee Payment
Employment Law Unauthorised Deduction From Wages Short Time Working Breach of Contract Statutory Guarantee Payment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mark Wedge

Claimant

Hilditch Martin Services Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent made an unauthorised deduction from the claimant's wages by imposing a four day week without contractual authority or agreement
  2. 2 Whether the claimant was entitled to payment for 12 days lost due to short time working

Ratio Decidendi

The respondent had no contractual right, express or implied, to impose a four day week on the claimant. The claimant did not agree to the variation, and his continued employment did not amount to affirmation or waiver of breach. The deduction of pay for 12 days was therefore unauthorised, subject to credit for statutory guarantee payments already made.

Court Disposition

Claim allowed

Orders

  • Declaration that the respondent made an unauthorised deduction from the claimant's wages in the sum of £365
  • Order that the respondent pay the claimant £365