Agarwal v Cardiff University

Subject Matter

EMPLOYMENT — Wages — Deduction — Claimant employed by university under clinical academic contract — Contract dependent on honorary post providing clinical sessions for health board — University paying claimant and recovering fees for clinical work from health board — Claimant on sick leave suffering work-related stress resulting from relationship with clinical colleagues — Claimant returning to academic work but health board refusing to allow resumption of clinical duties while difficulties unresolved — University paying claimant half salary — Claim of unlawful deduction of wages — Whether necessary to construe contract — Whether employment tribunal having jurisdiction to hear claim — Employment Rights Act 1996 (c 18), s 13 — Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623), art 3

UKEAT/210/16; [2017] ICR 967; [2017] IRLR 600, EAT

EMPLOYMENT — Wages — Deductions — Claims of unauthorised deductions from wages raising issues as to meaning of employment contract — Whether employment tribunal having jurisdiction to resolve issues — Employment Rights Act 1996 (c 18), s 13

[2018] EWCA Civ 2084; [2019] ICR 433; [2018] WLR (D) 513, CA

Appellate History

Commentary

New Law Journal
Employment law brief (2018) 168 NLJ 7812, p 8