The Industrial Cases Reports
[1972] ICR 463
[NATIONAL INDUSTRIAL RELATIONS COURT]
ADAMS
And Others
v.
JOHN WRIGHT & SONS (BLACKWALL) LTD.
1972 Feb. 18;
March 28
March 28
Sir John Brightman, Mr. C. Henniker-Heaton and Mr. W. C. McDowall.
Master and Servant
— Redundancy
— Redundancy payments
— Calculation
— Employees paid at hourly rate for 40 hour week
— Price for job fixed in terms of hours
— Time consistently overestimated to give employees more pay
— Fall back rate when insufficient work
— Employees free to go home when no work
— Whether hours employees not on premises to be included in calculating “average burly rate of remuneration”
— Whether fall back pay apportionable to those hours
—
Redundancy Payments Act 1965 (c. 62), Sch. 1, para. 5
—
Contracts of Employment Act 1963 (c. 49), Sch. 2, para. 2 (4)