employment law
After reading thoroughly the supposed case of Harry v Gannet Ltd. I found that the relative law is the Wages Act 1986. " The Act provides for a remedy inspect of unlawful deductions from wages, with special provisions for retail employment; (NM. Selwyn, Selwyn's Law of Employment, 10th Edition, pg. 512).Through the above we can understand that the employer has no right to deduct any amount from employees wages. In our case the Gannet Ltd. not authorized to subtract the fifty pounds per month from Harry's wage.According to (5.13(1)) a deduction from the company to the wage of an employee is unlawful unless it is authorized in one of these ways.First the deduction may be authorized by statute. Clearly there is nothing wrong with deducting PAYE contributions and the like. Secondly, it may be authorized by a term of employee's contract, provided that either the contract is in writing or the term in notified in writing to the employees before the deduction is made (s.13 (2)). Finally, it may be authorised by specific consent of the worker, signified in writing. To ensure fairness to the employee, the Act gives no effect to a "concept" or to "agreement" to a term allowing the deduction given after the events lending to it
By reading our case none of the three above exceptions of the wages Act can be found. The catering manager did not act reasonable. This is a breach of contract since a change has been made without a mutual agreement. A similar case is the O'Neill v Merseyside plumbing co Ltd. 5 of the wages Act clearly states that only one remedy exists for the breach of the Act. BibliographyØ Robert Upex, Termination of Employment, 1st Edition , Sweet & Maxwell, ISBN: 0-421-29360-8Ø Yvonne Frost, Unfair Dismissal , Eclipie Group Ltd. (1978) IRLR 1st EAT and claim for compensation. The employer deducted a full day's salary from her monthly pay and she complained that an unlawful deduction had been made from her salary. is not entitled to deduct the money from Harry's salary and Harry can go to industrial tribunal for remedies. Also, he did not consult with the waitresses at all, he only announced the company's decision. Secondly, made Cary unfair redundant because he did not follow the procedure for making the redundancy. An employee took part in a half-day strike. Breach of contract for Betty's case:In the first part of our case the breach of contract towards Betty will analysed.
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