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Calculation of pay to be withheld from teacher taking part in lawful strike action (UK Supreme Court) - Hartley v King Edward VI College [SupCrt EW] 24.05.17

The Apportionment Act 1870 s.2 was applicable when calculating the daily amount of pay to be withheld from a teacher who had taken part in lawful strike action. In the context of an annual contract in which payment was monthly and, given the wide variety of directed and undirected work carried out, where there was no distinction between days upon which work was carried out and days upon which work was not carried out, the natural effect of the Act was that the apportioned part of the teacher's salary on the day he was on strike was 1/365 of his annual salary.
Category: Employment » Contracts of employment; Industrial action; Remuneration. Area(s) of law: Employment.
Source: [2017] UKSC 39; Times 31.05.17.

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