Agarwal v Cardiff University & Anor (Contract of Employment: Implied Term/Variation/Construction of Term) [2017] UKEAT 0210_16_2203 (22 March 2017)

Agarwal v Cardiff University & Anor (Contract of Employment: Implied Term/Variation/Construction of Term) [2017] UKEAT 0210_16_2203 (22 March 2017)

The Employment Tribunal lacks jurisdiction to determine the claimant's section 13 claim because resolution requires construction and implication of terms in the contract of employment, which is reserved for the civil courts.

Citation
[2017] UKEAT 0210_16_2203
Parties
Appellant: Miss M Agarwal; First Respondent: Cardiff University; Second Respondent: Cardiff and Vale University Local Health Board
Jurisdiction
United Kingdom
Judgment Date
22 March 2017
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Implied Terms, Unauthorised Deduction From Wages, Jurisdiction of Employment Tribunal, Construction of Contract
Employment Law Contract Law Implied Terms Unauthorised Deduction From Wages Jurisdiction of Employment Tribunal Construction of Contract

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Parties

Miss M Agarwal

Appellant

Cardiff University

First Respondent

Cardiff and Vale University Local Health Board

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Does the Employment Tribunal have jurisdiction to determine a claim for unauthorised deduction from wages under ERA section 13 when construction or implication of contractual terms is required?
  2. 2 Is the claimant entitled to wages for clinical duties after 1 October 2014 under her contract with the First Respondent?

Ratio Decidendi

The Employment Tribunal lacks jurisdiction to determine the claimant's section 13 claim because resolution requires construction and implication of terms in the contract of employment, which is reserved for the civil courts.

Court Disposition

appeal dismissed

Orders

  • Claim for unauthorised deduction of wages dismissed for want of jurisdiction.