Executive Group Ltd v Bailey [1998] UKEAT 1012_98_1811 (18 November 1998)

Executive Group Ltd v Bailey [1998] UKEAT 1012_98_1811 (18 November 1998)

The applicant did not accept the wage reduction, and the respondent unilaterally varied the contract without consent, constituting an unlawful deduction of wages. The tribunal was entitled to award arrears up to the date of retirement, and the applicant's delay in protesting until written confirmation did not amount to acquiescence.

Citation
[1998] UKEAT 1012_98_1811
Parties
Former Employer: Earls Court & Olympia Ltd; Employer/respondent: Respondent (unnamed cleaning services company); Employee/applicant: Applicant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
18 November 1998
Procedural Posture
Employment Appeal Tribunal / Preliminary Hearing on Appeal
Outcome
Appeal dismissed
Legal Topics
Wages Act, Unlawful Deduction of Wages, Variation of Contract, Acquiescence, Employment Rights Act 1996, TUPE
Employment Law Wages Act Unlawful Deduction of Wages Variation of Contract Acquiescence Employment Rights Act 1996 TUPE

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Parties

Earls Court & Olympia Ltd

Former Employer

Respondent (unnamed cleaning services company)

Employer/respondent

Applicant (unnamed)

Employee/applicant

Procedural Posture

Employment Appeal Tribunal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the reduction in hourly wage constituted an unlawful deduction of wages
  2. 2 Whether the applicant acquiesced to the wage reduction by not protesting immediately
  3. 3 Whether arrears of wages can be awarded up to the date of retirement or only up to the date of application

Ratio Decidendi

The applicant did not accept the wage reduction, and the respondent unilaterally varied the contract without consent, constituting an unlawful deduction of wages. The tribunal was entitled to award arrears up to the date of retirement, and the applicant's delay in protesting until written confirmation did not amount to acquiescence.

Court Disposition

Appeal dismissed

Orders

  • Applicant to be paid arrears at £6.67 per hour until retirement date, less appropriate National Insurance and tax