Commentary

(4) The need to claim a quantifiable amount

Division BI Pay
| Commentary

(4) The need to claim a quantifiable amount

| Commentary

(4)     The need to claim a quantifiable amount

A potentially far-reaching limitation on the scope of the provisions in ERA 1996 Part II was identified by the Court of Appeal in Coors Brewers Ltd v Adcock [2007] EWCA Civ 19, [2007] IRLR 440. The court held that in order for an employment tribunal to have jurisdiction to hear an unlawful deductions claim, the claim must be in respect of an 'identifiable sum.' Accordingly, it held that an unquantified claim to payment under a profit share scheme which had yet to be finalised could not be brought as unauthorised deductions claim.

The case concerned a large group of employees employed at a brewery in Burton upon Trent. They had originally been employed by Bass Brewers Ltd and been entitled to the benefit of the Bass Employee Benefit Share Scheme. This entitled them to shares in the Bass holding company based on a proportion of the group profits as allocated to the scheme

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