Clugston Construction Ltd v. Taylor & Ors [2000] EAT 268_99_0205 (2 May 2000)

Clugston Construction Ltd v. Taylor & Ors [2000] EAT 268_99_0205 (2 May 2000)

The only wage rate incorporated into the employees' contracts for 1997/8 was the minimum rate for that year as set out in the 1997 WRA. The agreements reached in 1997 regarding future rates for 1998 and 1999 were not incorporated into the individual contracts, as they were not part of the 1997 WRA and required separate agreement. There was no unlawful deduction of wages, and no estoppel preventing the employer from denying incorporation of the higher rates.

Citation
[2000] EAT 268_99_0205
Parties
Appellant: Clugston Ltd; Respondents: 35 Applicant Employees (names not specified)
Jurisdiction
United Kingdom
Judgment Date
02 May 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision quashed.
Legal Topics
Collective Agreements, Incorporation of Terms, Unlawful Deduction of Wages, Estoppel
Employment Law Contract Law Collective Agreements Incorporation of Terms Unlawful Deduction of Wages Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Clugston Ltd

Appellant

35 Applicant Employees (names not specified)

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the 1998 and 1999 wage rates negotiated by employer bodies and unions in 1997 were incorporated into the individual contracts of employment of the Applicant employees.
  2. 2 Whether the Appellant made unlawful deductions from wages by not paying the higher rates and bonus claimed by the employees.
  3. 3 Whether estoppel prevented the Appellant from denying the incorporation of the higher rates.

Ratio Decidendi

The only wage rate incorporated into the employees' contracts for 1997/8 was the minimum rate for that year as set out in the 1997 WRA. The agreements reached in 1997 regarding future rates for 1998 and 1999 were not incorporated into the individual contracts, as they were not part of the 1997 WRA and required separate agreement. There was no unlawful deduction of wages, and no estoppel preventing the employer from denying incorporation of the higher rates.

Court Disposition

Appeal allowed; Employment Tribunal decision quashed.

Orders

  • Order of the Employment Tribunal quashed.