It’s all in a day’s work for Ian Smith as he reviews the latest employment decisions
It could well be argued that the one thing you should never do in employment law is to ask a simple question—the chances of a simple answer tend to be disappearingly small. The decision of the Court of Appeal in Hartley v King Edward VI College [2015] EWCA Civ 455, [2015] All ER (D) 179 (May) given by Elias LJ, shows this nicely.
Hartley v King Edward VI College
The apparently simple question was this—if a salaried employee strikes for a day, how much pay does he or she forfeit? The apparently simple answer is “a day’s pay”, but how is that to be calculated? Here, the college hit by strike action deducted 1/260th of the annual salary (ie a “working days” calculation), on the basis that the contract provided for that number of days’ “directed” work per annum. The union argued that it should only be 1/365th of annual salary (ie a “calendar days” calculation). The difference per employee was not great, but the amount at
