Duffield v Constructa-Stor Installation Services Ltd [1993] UKEAT 1026_93_0405 (4 May 1993)
The preliminary issue is whether the written authority to collect wages extended to authorising deductions; the Tribunal found it did, but the appeal raises an arguable point of law that it did not. However, Section 1(5)(a)(ii) may ultimately permit the deduction regardless of authority.
- Citation
- [1993] UKEAT 1026_93_0405
- Parties
- Appellant: Mr Duffield; Respondent: Constructa-Stor Installation Services Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 04 May 1993
- Procedural Posture
- Appeal / Preliminary Hearing
- Outcome
- matter proceeds to full hearing
- Legal Topics
- Wage Deductions, Agency Authority, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Duffield
Appellant
Constructa-Stor Installation Services Limited
Respondent
Procedural Posture
Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the appellant's written authority to a third party to collect wages extended to authorising deductions from wages under the Wages Act 1986
- 2 Whether the deduction made by the employer was prohibited by Section 1 of the Wages Act 1986 or permitted under Section 1(5)(a)(ii)
Ratio Decidendi
The preliminary issue is whether the written authority to collect wages extended to authorising deductions; the Tribunal found it did, but the appeal raises an arguable point of law that it did not. However, Section 1(5)(a)(ii) may ultimately permit the deduction regardless of authority.
Court Disposition
matter proceeds to full hearing
Orders
- Copy of judgment to be supplied to both parties for reconsideration of whether to proceed.
Full Case Text
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