A & J Menswear (Retail) Ltd v Jacobs (Unlawful Deduction from Wages : no sub-topic) [2011] UKEAT 0375_11_3011 (30 November 2011)
The Employment Judge was entitled to conclude, on the evidence, that the Claimant was instructed not to return to work, was still employed, and was entitled to pay for the suspension and notice period as there was no contractual provision for unpaid suspension and she was ready and willing to work.
- Citation
- [2011] UKEAT 0375_11_3011
- Parties
- Appellant/respondent Below: A & J Menswear (Retail) Ltd; Respondent/claimant Below: Mrs M G Jacobs
- Jurisdiction
- United Kingdom
- Judgment Date
- 30 November 2011
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Unlawful Deduction From Wages, Notice and Pay in Lieu, Damages for Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
A & J Menswear (Retail) Ltd
Appellant/respondent Below
Mrs M G Jacobs
Respondent/claimant Below
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether wages were unlawfully withheld during suspension and notice period
- 2 Whether the claimant gave one month's notice and was entitled to pay for that period
Ratio Decidendi
The Employment Judge was entitled to conclude, on the evidence, that the Claimant was instructed not to return to work, was still employed, and was entitled to pay for the suspension and notice period as there was no contractual provision for unpaid suspension and she was ready and willing to work.
Court Disposition
Appeal dismissed
Orders
- Claimant awarded £1,267.50 gross in unpaid wages
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