Morgan v. Network Europe Group Ltd [2011] UKEAT 0159_10_1401 (14 January 2011)

Morgan v. Network Europe Group Ltd [2011] UKEAT 0159_10_1401 (14 January 2011)

There was no express or implied agreement by the Claimant to the new lay-off term in the handbook; therefore, the employer was not contractually entitled to lay off the Claimant without pay beyond statutory guaranteed pay, and deductions made were unauthorised.

Source-derived case information.

Citation
[2011] UKEAT 0159_10_1401
Parties
Appellant: Mr Morgan; Respondent: Network Europe Group Ltd
Jurisdiction
United Kingdom
Judgment Date
14 January 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Implied Terms, Variation of Contract, Lay Off Without Pay, Unauthorised Deductions From Wages
Employment Law Contract Law Implied Terms Variation of Contract Lay Off Without Pay Unauthorised Deductions From Wages

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Parties

Mr Morgan

Appellant

Network Europe Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether there was an agreed variation of the contract to permit lay-off without pay other than statutory guaranteed pay
  2. 2 Whether the employer was entitled to make deductions from wages during lay-off

Ratio Decidendi

There was no express or implied agreement by the Claimant to the new lay-off term in the handbook; therefore, the employer was not contractually entitled to lay off the Claimant without pay beyond statutory guaranteed pay, and deductions made were unauthorised.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal decision reversed
  • Declaration that Respondent made unauthorised deductions from wages