The British Library & Others v. Kaur & Anor [2008] UKEAT 0177_08_1806 (18 June 2008)

The British Library & Others v. Kaur & Anor [2008] UKEAT 0177_08_1806 (18 June 2008)

Claimants were not ready, willing, and able to work during the relevant period, relying on occupational health advice and failing to cooperate with grievance process; therefore, not legally entitled to full pay and no unauthorised deduction occurred.

Citation
[2008] UKEAT 0177_08_1806
Parties
Claimant: Kuldip Kaur; Claimant: James Cannon-Dusauzay; Respondent: British Library; Respondent: Dawn Whelan-Smith; Appellant's Solicitor: Ms A Williams
Jurisdiction
United Kingdom
Judgment Date
18 June 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal allowed; Tribunal's findings of unauthorised deductions set aside.
Legal Topics
Unlawful Deduction From Wages, Sick Pay, Employment Rights Act 1996, Contractual Entitlement, Work Related Stress, Grievance Process
Employment Law Unlawful Deduction From Wages Sick Pay Employment Rights Act 1996 Contractual Entitlement Work Related Stress Grievance Process

Case Brief

Summary, issues, holding and outcome

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Parties

Kuldip Kaur

Claimant

James Cannon-Dusauzay

Claimant

British Library

Respondent

Dawn Whelan-Smith

Respondent

Ms A Williams

Appellant's Solicitor

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether claimants were entitled to full pay during absence pending grievance process
  2. 2 Whether claimants were ready, willing, and able to work
  3. 3 Whether unauthorised deduction from wages occurred

Ratio Decidendi

Claimants were not ready, willing, and able to work during the relevant period, relying on occupational health advice and failing to cooperate with grievance process; therefore, not legally entitled to full pay and no unauthorised deduction occurred.

Court Disposition

Appeal allowed; Tribunal's findings of unauthorised deductions set aside.

Orders

  • Findings of unauthorised deductions in relation to both claimants set aside.