Govdata Ltd v Denton [2019] UKEAT 0237_18_2801 (28 January 2019)

Section 38(3) does not permit an uplift if the employer has remedied the breach before proceedings commenced; the Respondent was not in breach at the relevant time.

Citation: [2019] UKEAT 0237_18_2801
Parties: Appellant: Govdata Limited; Respondent: David Denton
Jurisdiction: United Kingdom
Judgment Date: 28 January 2019
Procedural Posture: Employment Appeal / Appeal Judgment
Outcome: appeal allowed
Legal Topics: Written Particulars of Employment, Section 38 Uplift, Breach of Contract, Unlawful Deduction of Wages

Employment Law Written Particulars of Employment Section 38 Uplift Breach of Contract Unlawful Deduction of Wages

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Govdata Limited

Appellant

David Denton

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

1 Whether section 38(3) of the Employment Act 2002 permits an uplift when the employer has remedied the breach before proceedings commenced

Ratio Decidendi

Section 38(3) does not permit an uplift if the employer has remedied the breach before proceedings commenced; the Respondent was not in breach at the relevant time.

Court Disposition

appeal allowed

Orders

Judgment dated 15 June 2018 set aside