Blair & Ors v Midlothian Council (Jurisdictional Points) [2013] UKEAT 0006_13_0907 (09 July 2013)

Blair & Ors v Midlothian Council (Jurisdictional Points) [2013] UKEAT 0006_13_0907 (09 July 2013)

The Employment Judge was entitled to find that the new contract did not contain any express or implied term providing for pay protection in respect of discontinued bonus payments. Clause 19 of the Single Status Collective Agreement 1999 was not incorporated into the claimant's contract post-assimilation. The claimant accepted the new contract and a lump sum buyout, amounting to consensual variation and extinguishing any entitlement to pay protection for bonus. Therefore, there was no legal entitlement to the sums claimed, and the claim for unlawful deduction from wages could not succeed.

Citation
[2013] UKEAT 0006_13_0907
Parties
Appellant's Counsel: Jamie Morgan; Appellant's Solicitors: Thompsons Solicitors; Respondent's Solicitor: Lynne Marr; Respondent's Solicitors: Brodies LLP Solicitors
Jurisdiction
United Kingdom
Judgment Date
09 July 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Unlawful Deduction From Wages, Contractual Incorporation, Collective Agreements, Pay Protection, Bonus Payments, Variation of Contract, Equal Pay
Employment Law Unlawful Deduction From Wages Contractual Incorporation Collective Agreements Pay Protection Bonus Payments Variation of Contract Equal Pay

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Parties

Jamie Morgan

Appellant's Counsel

Thompsons Solicitors

Appellant's Solicitors

Lynne Marr

Respondent's Solicitor

Brodies LLP Solicitors

Respondent's Solicitors

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction under Part II, Sections 13 and 27 of the Employment Rights Act 1996 to hear the claim for unlawful deduction from wages
  2. 2 Whether the claimant had a contractual entitlement to pay protection in respect of discontinued bonus payments after assimilation under the new contract
  3. 3 Whether clause 19 of the Single Status Collective Agreement 1999 was incorporated into the claimant's contract of employment

Ratio Decidendi

The Employment Judge was entitled to find that the new contract did not contain any express or implied term providing for pay protection in respect of discontinued bonus payments. Clause 19 of the Single Status Collective Agreement 1999 was not incorporated into the claimant's contract post-assimilation. The claimant accepted the new contract and a lump sum buyout, amounting to consensual variation and extinguishing any entitlement to pay protection for bonus. Therefore, there was no legal entitlement to the sums claimed, and the claim for unlawful deduction from wages could not succeed.

Court Disposition

Appeal dismissed

Orders

  • No unlawful deduction from wages found
  • No entitlement to pay protection for bonus under the new contract