A Day’s Pay

In Hartley and ors v King Edward VI College the Supreme Court has held that S.2 of the Apportionment Act 1870, which deems that payments are to accrue day by day at an equal rate, applied to determine the rate at which a College was entitled to make deductions from employees’ pay for each day of strike action.

 

The employees’ contracts were annual contracts, such that the apportionment was to be made on a daily basis over 365 days. There was nothing in the contracts which stipulated for any apportionment other than on a calendar day basis. The College, which had deducted 1/260th of the employees’ annual salary in respect of one day of strike action, was therefore only entitled to deduct 1/365th.

 

This is different from previous case law and suggests that the type of work will determine the calculation unless the contract specifically sets out the calculation.

 

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