Hartley and others v King Edward VI College  EWCA Civ 455; (2015) EMPLR 045
Court of Appeal, Civil Division
Elias, Tomlinson and Sales LJJ
For employees who earn an annual salary, the correct amount to deduct from monthly salary for a day’s strike is 1/260th, not 1/365th of annual salary. The High Court had reached this conclusion in Amey v Peter Synods College  IRLR 206, a case concerning teachers. Here the employees, also teachers, recognised that the county court was bound to follow Amey, and so consented to judgment against them in the county court and appealed to the Court of Appeal.
The Court of Appeal approved the decision in Amey. The situation is not straightforward because, in addition to actual teaching time, teachers have other ‘undirected’ work which they can carry out whenever they like - evenings or weekends. The amount of ‘undirected’ time varies from teacher to teacher. So relating pay to time spent working is not clear-cut, but the Court considered salary accrues on each of the five working days in each week. There being 260 working days in each year, the correct amount of pay for a single day was therefore 1/260th of annual salary and this was the amount which would need to be deducted for each strike day.
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