News - EAT holds there is no jurisdiction under Part II of the ERA 1996 to construe an Employment Contract

Employment & Discrimination - Giles Powell

Miss M Agarwal v 1) Cardiff University 2) Cardiff and Vale University Local Health Board EAT/0210/16/RN.

The Employment Appeal Tribunal, Mrs Justice Slade DBE, upheld the judgment of Regional Employment Judge Clarke, on additional grounds advanced by the Second Respondent to the Appeal, Cardiff and Vale University Local Health Board (“the Health Board”), that an Employment Tribunal has no jurisdiction under Part II of the ERA to construe the terms of a contract of employment, for the payment of wages.  She held that the Employment Tribunal lacked jurisdiction where the matter involved the consideration of implying terms in respect of the entitlement to pay, accepting the Health Board’s submissions that was a matter of construction.  Mrs Justice Slade DBE applied the ratio in Southern Cross Healthcare Co Ltd v Perkins [2011] ICR 285 and set out that there was a difference between identifying the relevant terms, which the Employment Tribunal had jurisdiction to do, and construing terms as to payment, including implying terms, which the Employment Tribunal did not have jurisdiction to do.

Giles Powell was instructed by Blake Morgan LLP for the Health Board.

To read the full judgment, please click here.

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