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Drafting checklist for claim or response—unlawful deduction from wages

Drafting checklist for claim or response—unlawful deduction from wages This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 grounds of claim—unauthorised deduction from wages and ET3 grounds for resisting claim—unauthorised deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for...

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Contract claims in the employment tribunal

This Practice Note examines the jurisdiction of the employment tribunal to hear claims for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (ET Extension of Jurisdiction Order 1994), SI 1994/1623.For guidance:•on unlawful deduction from wages claims, see Practice Note: Deductions from wages•on the legal and practical issues to consider when deciding whether an employee should bring a claim for unlawful deduction from wages or a claim for breach of contract, see the section of Practice Note: Deductions from wages—Whether to bring an unlawful deductions claim or a breach of contract claim•on employment claims in the civil courts, see Practice Note: High Court and County Court employment claims•on bringing a claim in the employment tribunal, see Practice Note: Submission of a claim to the employment tribunalFor sample wording for ET1 grounds of claim for breach of contract, see Precedent: ET1 grounds of claim—breach of contract.For sample wording for ET3 grounds for resisting a claim for breach of contract and bringing an employer’s contract claim...

Deductions from wages

The right to be paid wages in full is one of the most basic, and oldest, employment rights. A failure to pay will generally give a worker the right to bring a claim for unlawful deduction from wages. In a small number of cases, however, an employer is permitted to make a deduction.The worker's rightsAn employer may not make a deduction from the wages of any worker employed by the employer, or receive a payment from such a worker, unless:•it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or•the worker has previously signified in writing their agreement or consent to the making of itFor further information, see: When deductions are lawful below.For further information:•on the meaning of 'wages' see: Definition of wages below•on the definition of 'worker' for these purposes, see: Definition of 'worker' below•on the circumstances in which deductions are permitted, see: Excepted deductions and payments below•on the claims that a worker may bring, see: Bringing...

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Phantom share option agreement

Phantom share option agreement This AGREEMENT is made on [insert date of execution of the phantom share option agreement] Parties 1 [insert name of company whose shares are relevant to the phantom option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company); and 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) Background (A) The Company has agreed to grant to the Option Holder as at the date of this Agreement a Phantom Option on the terms set out in this Agreement. (B) The Phantom Option provides an entitlement to cash and not shares. 1 Definitions In this Agreement, except where the context otherwise requires, the words and expressions set out below will bear the following meanings, namely: Cash Payment • means the cash sum payable on the exercise of the Phantom Option, which shall be calculated in accordance with clause 6.2; Control • has the meaning given...

Unapproved share option agreement—standalone deed for employee

Unapproved share option agreement—standalone deed for employee This AGREEMENT is made on [insert date of execution of the share option agreement] Parties 1 [insert name of company whose shares are being granted under option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company);[and] 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) [and] 3 [[insert name of grantor (if different from company)] of [insert address of grantor] (the Grantor)] Background (A) [The Company has agreed to grant to the Option Holder as at the date of this Agreement an Option to acquire Shares on the terms set out in this Agreement. OR The Company and the Grantor intend that, as at the date of this Agreement, the Option Holder be granted an Option to acquire Shares on the terms set out in this Agreement.] (B) [The Company will satisfy the exercise of the Option by transferring or procuring the...

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If an employee mistakenly provides incorrect bank details to their employer, with the result that the employer sends their monthly salary to the wrong bank account, must the employer pay the employee immediately (to the correct bank account), or can they wait until they have recouped the money back from the bank?

If an employee mistakenly provides incorrect bank details to their employer, with the result that the employer sends their monthly salary to the wrong bank account, must the employer pay the employee immediately (to the correct bank account), or can they wait until they have recouped the money back from the bank? There is a duty to pay wages whenever an employee is ready, willing and able to work (Petrie v McFisheries. The case of Oyesanya v Mid-Yorkshire Hospital NHS Trust concerned the rather different situation where the claimant’s contract provided for payment of salary by bank transfer, but he preferred to be paid by cheque. He was not paid for the simple reason that he had never given the Trust his bank details. The Court of Appeal held that, in these circumstances, the Trust had not been in breach of contract when it failed to pay him during his period of employment. Without such a breach there was no cause of action under the contract. However, when the...

If a self-employed contractor wishes to bring a claim in the county court on the basis that they are in fact a worker and should have been paid the national minimum wage (NMW); does the time limit for bringing a claim run in respect of each instance of failure to pay the NMW payment, or from the most recent instance?; if the parties did not classify or treat the individual as a worker and therefore not paid the NMW, is this a mistake of law or fact for the purposes of extending limitation under section 32(1)(c) of the Limitation Act 1980?

If a self-employed contractor wishes to bring a claim in the county court on the basis that they are in fact a worker and should have been paid the national minimum wage (NMW); does the time limit for bringing a claim run in respect of each instance of failure to pay the NMW payment, or from the most recent instance?; if the parties did not classify or treat the individual as a worker and therefore not paid the NMW, is this a mistake of law or fact for the purposes of extending limitation under section 32(1)(c) of the Limitation Act 1980? For information on the national minimum wage (NMW) generally, see Practice Note: National minimum wage. In principle, a worker may enforce their NMW entitlement by: • bringing a breach of contract claim in the High Court or County Court, or in the Employment Tribunal, or • bringing a claim for unlawful deduction from wages in the Employment Tribunal An individual may also, if they wish, seek a declaration that...

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Construction weekly highlights—17 April 2025

This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) regarding its forthcoming Target Cost Contract, analysis of a case in which the Technology and Construction Court (TCC) considered whether a substation owner had been entitled to implement a more expensive scheme of remedial works (Southern Electricity v OCU Modus), a case in which the TCC dismissed a claim against a consultant on the basis that the defects in dispute arose from workmanship and not design (MJS Projects v RPS Consulting), and publication of the Office for National Statistics (ONS)’s construction output for February 2025

Lexis®PSL Dispute Resolution weekly highlights—4 February 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 4 February. This week’s edition includes feature articles on professional negligence precedents, Lord Justice Jackson’s lecture on fixed costs and the EU referendum. We also highlight analysis of judgments and developments spanning a broad range of matters, including: appeal conditions (Goldtrail); breach of warranty claims (Karim); enforcing WFOs abroad (Arcadia); and, Part 36 and contribution claims (Mohidin). As usual, we also identify core content which has been updated over the last week to reflect the latest developments. All this, and more, in our weekly highlights.