Berjaya Vacation Club (UK) Ltd v Oyeyemi [1998] UKEAT 1261_98_0211 (2 November 1998)
The contract of employment was formed at the higher advertised rate, the applicant acted in good faith, and the deduction constituted an unauthorised deduction from wages. The respondent's internal error did not vitiate the contract, and the applicant was unfairly dismissed for asserting his statutory right.
- Citation
- [1998] UKEAT 1261_98_0211
- Parties
- Applicant: Applicant; Respondents: Respondents
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 November 1998
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- Contract Formation, Unfair Dismissal, Unauthorised Deduction From Wages, Statutory Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondents
Respondents
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether a contract of employment was formed at the higher advertised salary
- 2 Whether a mistake as to salary vitiated the contract
- 3 Whether the applicant acted in good faith in asserting statutory rights
Ratio Decidendi
The contract of employment was formed at the higher advertised rate, the applicant acted in good faith, and the deduction constituted an unauthorised deduction from wages. The respondent's internal error did not vitiate the contract, and the applicant was unfairly dismissed for asserting his statutory right.
Court Disposition
Appeal dismissed
Orders
- No arguable point of law; appeal dismissed at preliminary stage
Full Case Text
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