Would it be lawful for a contract of employment to make payment of salary conditional upon the employee fulfilling their obligations and duties?Posted in : First Tuesday Q&A NI on 3 August 2021
There is a duty to pay wages when an employee is ready, willing and able to work. This is the case irrespective of whether there is work for them to do or not. Case law states that work and wages go hand-in-hand. In short, if the employer declines to pay, the worker need not work. If the worker declines to work, the employer need not pay.
The employer is obliged to pay the employee if they do some work, whether or not the work done reflects all of their contractual duties. However, the employer may be entitled to reduce the amount of pay to reflect the duties that have not been performed but this will depend on the wording in the contract of employment.
There are certain limitations to the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Contracts of Employment
- Amdocs Systems Group Ltd v Langton 
- Royal Cayman Islands Police Association v Commissioners of the Royal Cayman Islands Police Service 
- If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination
- In the case of a student who carries out hourly-paid work during school vacations would their holidays accrue during the unpaid absences from work?
- Is an employee with two contracts (full-time and casual) with the same employer entitled to holidays under both contracts?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.