02 June 2017
Hartley and others v King Edward VI College [2017] UKSC 39, [2017] All ER (D) 146 (May)
The Supreme Court, in allowing the appellants’ appeal, held that the correct interpretation of ‘accruing from day to day’ within s 2 of the Apportionment Act 1870 meant accruing calendar day by calendar day and that that principle could not be excluded in the present case upon the correct interpretation of the relevant employment contracts. The appellants had participated in one day or lawful strike action and had a deduction of their salary at a rate of 1/260 of their annual salary. It was held that that had been wrong and the rate ought to have been a deduction of 1/365 of their annual salary.
