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11 May 2017 / Ian Smith
Issue: 7745 / Categories: Features , Employment
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Employment law brief: 11 May 2017

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Ian Smith navigates the crazy world of employment law
  • Revisiting claims for unlawful deductions from wages.
  • Ambiguous immigration status & unfair dismissal law.
  • National minimum wage entitlement of an on-call care worker—the latest episode.

What a crazy world we employment lawyers inhabit. You really cannot turn your back for a moment, even to make a cup of tea, without something new happening. It is why so many of us have a nervous tic while logging on to the Employment Appeal Tribunal (EAT) website. The first case considered in this Brief illustrates this fundamental truth.

There was reported in last month’s ‘Employment law brief’ the decision of Slade J in Agarwal v Cardiff University UKEAT/0210/16 (22 March, unreported) to the effect that in an action for unlawful deductions from wages under the Employment Rights Act 1996 (ERA 1996), s 13, a tribunal in deciding whether or not the disputed amount had been ‘properly payable’ may not interpret the contract of employment or decide whether a term is to be implied

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