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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> A & J Menswear (Retail) Ltd v Jacobs (Unlawful Deduction from Wages : no sub-topic) [2011] UKEAT 0375_11_3011 (30 November 2011) URL: http://www.bailii.org/uk/cases/UKEAT/2011/0375_11_3011.html Cite as: [2011] UKEAT 375_11_3011, [2011] UKEAT 0375_11_3011 |
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EMPLOYMENT APPEAL TRIBUNAL
FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON, EC4Y 8JX
At the Tribunal
Before
HIS HONOUR JUDGE PETER CLARK
(SITTING ALONE)
A & J MENSWEAR (RETAIL) LTD APPELLANT
Transcript of Proceedings
JUDGMENT
APPEARANCES
(The Respondent in Person) |
SUMMARY
UNLAWFUL DEDUCTION FROM WAGES
CONTRACT OF EMPLOYMENT
Notice and pay in lieu
Damages for breach of contract
Whether Employment Judge entitled to conclude (a) that wages had not been paid, unlawfully and (b) that Claimant gave 1 month’s notice of termination during which period she ought to have been paid. Held: on material before him, Employment Judge reached permissible conclusions. Appeal dismissed.
HIS HONOUR JUDGE PETER CLARK
Introduction
2. The judge’s Reasons are so economical that I should set them out in full:
“1. The claimant resigned her employment on 30th July 2010 on 1 months notice expiring on 30th August 2010.
2. She was instructed on 15th July 2010 not to return to work “until further notice” pending the completion of an investigation.
3. No notice of the respondent’s requirement for her to return to work was given at or after her notice of resignation.
4. She is, therefore entitled to be paid for the period from 15th July to 30th August 2010.”
8. What she tells me today (and there are no representatives here from the Respondent) is that had she been asked to work out her notice, she would have done so. I am therefore not in a position to find on appeal that she was not ready and willing to work for the Respondent during the August period (see Miles v Wakefield [1987] ICR 368). As to whether or not she gave one month’s notice, although her letter was silent on the point, it seems to me that the Employment Judge was entitled to infer that the reference to notice in her letter was a reference to the contractual notice and the Respondent was aware of her contractual obligation to give one month’s notice.