- No jurisdiction for unlawful deductions claim if contract to be construed (Agarwal v Cardiff University)
- Original news
- What is the impact of this judgment?
- What is the relevant background law?
- What were the facts?
- What did the employment tribunal decide?
- What did the EAT decide?
- Case details
Employment analysis: In determining whether there has been an unlawful deduction from wages under section 13 of the ERA 1996, if the extent of the necessary contractual enquiry is limited to identifying relevant terms of the contract then employment tribunals have jurisdiction, but they do not have jurisdiction if it involves construing contractual terms and/or consideration of whether there are implied terms, according to the EAT in Agarwal v (1) Cardiff University (2) Cardiff and Vale University Local Health Board.
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