Williamson v. Schenker Ltd [2001] UKEAT 1445_00_2303 (23 March 2001)

Williamson v. Schenker Ltd [2001] UKEAT 1445_00_2303 (23 March 2001)

The Tribunal found as a matter of fact that there was no variation of the original oral contract and that Mrs Edwards did not have or exercise authority to vary it; thus, the cessation of overpaid allowances did not constitute an unlawful deduction of wages. No error of law was identified in the Tribunal's approach or findings.

Citation
[2001] UKEAT 1445_00_2303
Parties
Appellant: Mr D A Williamson; Respondent: Schenker Ltd
Jurisdiction
United Kingdom
Judgment Date
23 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Deduction of Wages, Variation of Contract, Employment Rights Act 1996, Authority of Employee Representatives, Tribunal Procedure
Employment Law Deduction of Wages Variation of Contract Employment Rights Act 1996 Authority of Employee Representatives Tribunal Procedure

Case Brief

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Parties

Mr D A Williamson

Appellant

Schenker Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the cessation of salary allowances constituted an unlawful deduction of wages under the Employment Rights Act 1996
  2. 2 Whether Mrs Edwards had authority to vary the employment contract
  3. 3 Whether the Tribunal erred in sitting alone despite factual disputes

Ratio Decidendi

The Tribunal found as a matter of fact that there was no variation of the original oral contract and that Mrs Edwards did not have or exercise authority to vary it; thus, the cessation of overpaid allowances did not constitute an unlawful deduction of wages. No error of law was identified in the Tribunal's approach or findings.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed at preliminary stage.