When Atchoe v Camden Primary Care Trust [2006], the issue of illegal deduction of wages was before the Employment Tribunal. The employee works in maintenance for the employer, the real estate and facilities management. In addition, the employee was , also occasionally of hours if an emergency arose. This was an "on demand" system and has been on a rota basis. If an employee, he or she will receive additional payments for on-call. If an employee has been called in an emergency, he or she will receive further payment for work performed.
The staff of the contract has a number of things:
* He had to prove that he is the technical qualifications for the work in the position of maintenance worker
* It was expected that participation in the on-call system, and
* The employer will receive the right to make changes to the conditions of their work.
The employer asked the employee to obtain evidence of his qualifications. It was questioned whether the employee was able to these findings. As a result of this, the employer removed an employee from the rota for on-call system for reasons of security. The employee no longer with the award for the on-call.
The employee on S13 of the Employment Rights Act 1996 and alleged that the employer had unlawfully deducted from his pay.
The Employment Tribunal found that the employer was entitled to the staff of the Rota, for reasons of security. But it was not entitled to his pay. The court based its decision on three points on which the parties have not yet expressed. The employer appealed to the Employment Appeals Tribunal ( "eat").
The employer argued that the court erred in the application of S13 (3). After finding that the employer was entitled to the staff of the Rota, the court had found that the employer have the right to deduct from the employees pay. Since the employee was from the Rota, he should not be paid. In addition, the employer argued that the court does not have to three agencies for its decision to which the parties had no opportunity to submit comments.
The complaint was for the following reasons:
* The court should not be an authority, the parties do not have the opportunity to express an opinion. It was therefore a material irregularity in the proceedings, since neither the employer nor the workers even the three authorities.
* The court erred in the application of S13 (3).
* The court has concluded that no unauthorized deduction of payment by the employer. If the employer is legally possible to the employees of the Rota, the employee is no longer entitled to the award.
The decision would be reversed.
© RT Coopers, 2006. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.
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