Commentary

(9) Where wages do not fall overall

Division BI Pay
| Commentary

(9) Where wages do not fall overall

| Commentary

(9)     Where wages do not fall overall

The fact that the employee in the Laird case succeeded, despite there being no overall shortfall in his wages, suggests that a term-by-term approach is necessary when determining what is properly payable, albeit there is no suggestion of that in the statutory language of ERA 1996 s 13(3). On the contrary, the section refers to the 'total amount of wages paid on any occasion', which appears to call for an aggregate approach. However, support for Laird can be found in Pendragon plc v Nota EAT/0031/00 (18 March 2002, unreported).

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