Hartley & Ors v King Edward VI College [2015]

Posted In: Case Law
  • Case Reference
    EWCA Civ 455
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
Issues covered: Apportionment Act 1870; Definition of a Day's Pay; Deduction of Pay for Striking

How much salary should be deducted from salaries when an employee strikes for a day? That was the question in this case involving teachers. Although the amounts per teacher are small, depending on the correct calculation, the overall amount being discussed, if applied to all striking teachers, would be around £300,000 per day.

Teachers are paid monthly and, although contracted to work 1265 hours per annum, during 195 scheduled days of which 190 are days when the teacher may be required to teach. They can work over 5 days per week and there are 52 weeks in a year, which is 260 days per annum, which is the figure the school used to deduct pay from teachers who were on strike - 1/260th of

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This article is correct at 14/08/2015

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