Hurst Engineering Ltd v Sargenti & Anor [1996] UKEAT 1171_95_1911 (19 November 1996)

Hurst Engineering Ltd v Sargenti & Anor [1996] UKEAT 1171_95_1911 (19 November 1996)

Awards for unnotified deductions cannot be made where no payment or deduction has occurred; the Tribunal erred in awarding such sums for March and for pay differentials not actually deducted. However, the main ground of appeal regarding procedural fairness was dismissed as a rehearing would be futile given the...

Source-derived case information.

Citation
[1996] UKEAT 1171_95_1911
Parties
Appellant: Hurst Engineering Ltd; Respondent: Mrs I Sargenti; Respondent: Mr Ronald Hughes
Jurisdiction
United Kingdom
Judgment Date
19 November 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Transfer of Undertakings, Employment Status, Unnotified Deductions, Pay Statements
Employment Law Transfer of Undertakings Employment Status Unnotified Deductions Pay Statements

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Parties

Hurst Engineering Ltd

Appellant

Mrs I Sargenti

Respondent

Mr Ronald Hughes

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in proceeding in the absence of Mr Peter Hughes due to illness
  2. 2 Whether the Tribunal was correct in awarding sums for unnotified deductions where no payment or deduction was made
  3. 3 Whether sums awarded for pay differentials under the guise of unnotified deductions were proper

Ratio Decidendi

Awards for unnotified deductions cannot be made where no payment or deduction has occurred; the Tribunal erred in awarding such sums for March and for pay differentials not actually deducted. However, the main ground of appeal regarding procedural fairness was dismissed as a rehearing would be futile given the unchallenged facts.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Award to Mr Ronald Hughes reduced by £883.80
  • Award to Mrs Sargenti reduced by £411.09