‘Teachers at a sixth form college participate in a full day of lawful strike action. The collective agreement (the Red Book) incorporated into their individual contracts of employment provides that in such a situation their employer can withhold their pay. But how much can the deductions be? That was the issue in Hartley v King Edward VI College (2017) UKSC 39. The employer had made the deductions at a rate of 1/260 of their annual pay. That was based on the number of weekdays in a calendar year. That was wrong say the Supreme Court. The employer was entitled to make deductions only at a rate of 1/365 of their annual salary. This is the effect of the Apportionment Act 1870 (“the Act”). This provides for accrual from day to day: Section 2.’
Education Blog, 24th May 2017
Source: education11kbw.com
