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Webber v NHS Direct - Pay protection sums were wages and not compensation for loss of office [2012] EAT

Sums paid by way of pay protection were wages and not compensation for loss of office

The short point in issue in this appeal was the correct construction of Ms Weber's contract of employment. She submitted that the EJ erred in his conclusion as to the meaning of Clause 3.5 of NHS Direct's 'Protection of Pay on Organisation Change' policy, and in dismissing her claim of unlawful deduction from wages. NHS Direct cross-appealed on the basis (1) that the EJ erred in finding that he had jurisdiction to determine a claim for breach of contract; and (2) that the sums paid by way of pay protection amounted to compensation for loss of office and were therefore exempt from the definition of 'wages' in s.27(1) of the Employment Rights Act 1996. There was therefore no jurisdiction to determine the claim for unlawful deductions.

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