Autohouse Tottenham Ltd v. Constantinou [2000] UKEAT 511_00_0410 (4 October 2000)

Autohouse Tottenham Ltd v. Constantinou [2000] UKEAT 511_00_0410 (4 October 2000)

The Tribunal failed to make sufficient findings regarding the arrangement for payment and its uncertainty, and did not adequately explain why the arrangement failed to amount to a variation of the original contract. There is an arguable point of law regarding ordinary pay and holiday pay after 1 September 1999, and procedural fairness concerns justify the matter proceeding to a full hearing.

Citation
[2000] UKEAT 511_00_0410
Parties
Appellant: Autohouse Tottenham Ltd; Respondent: Constantinou
Jurisdiction
United Kingdom
Judgment Date
04 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partial permission to proceed to full hearing
Legal Topics
Unauthorised Wage Deductions, Variation of Employment Contract, Holiday Pay, Procedural Fairness
Employment Law Unauthorised Wage Deductions Variation of Employment Contract Holiday Pay Procedural Fairness

Case Brief

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Parties

Autohouse Tottenham Ltd

Appellant

Constantinou

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was an authorised deduction from wages under Section 13 of the Employment Rights Act 1996
  2. 2 Whether the employment contract was validly varied regarding payment of wages
  3. 3 Whether the Tribunal erred in relying on uncertainty to deny variation

Ratio Decidendi

The Tribunal failed to make sufficient findings regarding the arrangement for payment and its uncertainty, and did not adequately explain why the arrangement failed to amount to a variation of the original contract. There is an arguable point of law regarding ordinary pay and holiday pay after 1 September 1999, and procedural fairness concerns justify the matter proceeding to a full hearing.

Court Disposition

Partial permission to proceed to full hearing

Orders

  • Chairman to provide notes of all evidence taken at the hearing
  • Chairman to comment on Paragraph 5 of the Notice of Appeal