City Facilities Management (UK) Ltd v Beckett [2014] UKEAT 0527_13_1305 (Unlawful Deduction from Wages : no sub-topic) (13 May 2014)

City Facilities Management (UK) Ltd v Beckett [2014] UKEAT 0527_13_1305 (Unlawful Deduction from Wages : no sub-topic) (13 May 2014)

The Employment Tribunal erred in law by failing to make findings as to what wages were properly payable to the claimant, including whether LWA was included in his salary and at what rate. Reliance on an internal, unticked form not provided to the claimant was not contractually valid. The tribunal's failure to apply proper contractual construction principles and to make necessary findings of fact fatally undermined its decision.

Citation
[2014] UKEAT 0527
Parties
Respondent/claimant: Mr Martin Beckett; Appellant/respondent: Respondent (Company not named in extract)
Jurisdiction
United Kingdom
Judgment Date
13 May 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal decision set aside; case remitted to a fresh tribunal for reconsideration.
Legal Topics
Unlawful Deduction From Wages, London Weighting Allowance, Contractual Construction, Employment Rights Act 1996, Remittal to Tribunal
Employment Law Contract Law Unlawful Deduction From Wages London Weighting Allowance Contractual Construction Employment Rights Act 1996 Remittal to Tribunal

Case Brief

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Parties

Mr Martin Beckett

Respondent/claimant

Respondent (Company not named in extract)

Appellant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in determining the claimant's entitlement to London Weighting Allowance (LWA)
  2. 2 Whether the tribunal failed to make necessary findings of fact regarding wages properly due
  3. 3 Whether reliance on internal documents not provided to the claimant was legally permissible

Ratio Decidendi

The Employment Tribunal erred in law by failing to make findings as to what wages were properly payable to the claimant, including whether LWA was included in his salary and at what rate. Reliance on an internal, unticked form not provided to the claimant was not contractually valid. The tribunal's failure to apply proper contractual construction principles and to make necessary findings of fact fatally undermined its decision.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside; case remitted to a fresh tribunal for reconsideration.

Orders

  • The matter is remitted to a fresh tribunal to determine afresh the issues of contractual entitlement to LWA and any unlawful deduction from wages.