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Somerset County Council v Chambers - Wages Act claim should have been breach of contract claim [2013] EAT

Claim for different pay rate was properly a breach of contract claim, not deductions from wages

This is an appeal against an ET judgment upholding Mr Chambers' claims of unauthorised deductions from wages in relation to (a) his ordinary pay (b) holiday pay and (c) superannuation payments.The argument goes directly to the ET’s jurisdiction to entertain the claims of unauthorised deductions (the ‘Wages Act’ (WA) claims). The critical question addressed by the EJ, as he was asked to do, was whether, when working as a locum social worker, Mr Chambers was continuously employed by the Council. The EJ concluded that he was and that (1) he was entitled to be paid the rate for a full-time social worker employee.

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