Wilson (t/a Reds) v. Lamb [2007] UKEAT 0106_07_1206 (12 June 2007)

Wilson (t/a Reds) v. Lamb [2007] UKEAT 0106_07_1206 (12 June 2007)

The LSC minimum wage was incorporated into the original MAA only as to the rate in force at the time of agreement, not subsequent increases. The Respondent's refusal to pay the increased rate was a breach, but the Claimant affirmed the contract by continuing to work without protest, waiving the breach. No new...

Source-derived case information.

Citation
[2007] UKEAT 0106_07_1206
Parties
Claimant: Miss Lamb; Respondent: Mrs Wilson trading as Reds
Jurisdiction
United Kingdom
Judgment Date
12 June 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; original award set aside except for two weeks' pay in lieu of notice.
Legal Topics
Apprenticeship, Minimum Wage, Contract Incorporation, Breach of Contract, Affirmation and Waiver, Novation
Employment Law Contract Law Apprenticeship Minimum Wage Contract Incorporation Breach of Contract Affirmation and Waiver Novation

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Summary, issues, holding and outcome

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Parties

Miss Lamb

Claimant

Mrs Wilson trading as Reds

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Learning Skills Council (LSC) minimum wage was incorporated as a term of the Modern Apprenticeship Agreement (MAA)
  2. 2 Whether the Respondent was in breach of the MAA by not paying the increased minimum wage
  3. 3 Whether the Claimant affirmed the contract by continuing to work after the breach

Ratio Decidendi

The LSC minimum wage was incorporated into the original MAA only as to the rate in force at the time of agreement, not subsequent increases. The Respondent's refusal to pay the increased rate was a breach, but the Claimant affirmed the contract by continuing to work without protest, waiving the breach. No new contract was created, and the NMW did not apply. The Claimant did not raise a relevant grievance for section 31 uplift. The appeal was allowed, and only two weeks' pay in lieu of notice was awarded.

Court Disposition

Appeal allowed; original award set aside except for two weeks' pay in lieu of notice.

Orders

  • Respondent to pay Claimant two weeks' pay in lieu of notice, gross sum of £130