Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

10 SEP 2015

Hartley and others v King Edward VI College [2015] EWCA Civ 455; (2015) EMPLR 045

Hartley and others v King Edward VI College [2015] EWCA Civ 455; (2015) EMPLR 045
14 May 2015

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 [2014] 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.
Social Media in the Workplace

Social Media in the Workplace

A Handbook

This book is intended as a handbook for advisers to employers, providing an overview of the...

Available in Company Law Online
Law of Termination of Employment, The

Law of Termination of Employment, The

Authoritative analysis of the rules governing termination of employment provides coverage of the...

Subscribe to our newsletters