Commentary

(6) Where there is a complete failure to pay

Division BI Pay
| Commentary

(6) Where there is a complete failure to pay

| Commentary

(6)     Where there is a complete failure to pay

One important issue, which for a time caused some uncertainty, was whether the term 'deduction' was confined to an underpayment by the employer or whether it could also cover a complete failure to pay. It was argued that s 1(1) of the Wages Act 1986 (now ERA 1996 s 13(1)) was only ever intended to cover the former situation – where the employer admits that some payment is due. It was not intended to cover complete non-payment as that would involve the tribunal in determining whether there was any contractual liability to pay in

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