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Unauthorised deductions from wages: tribunal jurisdiction - Agarwal v Cardiff University [EAT] 22.03.17 (Unreported)

Employment tribunals had no jurisdiction to determine claims for unauthorised deductions from wages under the Employment Rights Act 1996 s.13 where such determination required the tribunal to construe the employment contract. The decision in Southern Cross Healthcare Co Ltd v Perkins [2010] EWCA Civ 1442, [2011] I.C.R. 285, [2011] C.L.Y. 1081 that the tribunal had no jurisdiction to construe a statement of written particulars for claims under s.11 applied equally to the construction of a contract in claims under s.13. In addition, decisions on whether implied terms existed were questions of construction within the meaning of the Southern Cross exclusion.
Category: Employment » Remuneration; Tribunal procedure. Area(s) of law: Employment.
Source: UKEAT/0210/16/RN.

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