Deduction from wages

A tribunal can consider whether industrial action has taken place, even though it cannot consider claims for deductions resulting from such action.

The facts

Employees cannot bring claims for unlawful deduction of wages if the deduction was made because they took part in industrial action.

The issue in this case was whether an employment tribunal could hear the preliminary facts of a claim for unlawful deduction before deciding whether it had jurisdiction to hear it.

The ruling

The EAT held that, although tribunals cannot consider claims involving deductions for industrial action, they can make a "finding of fact" as to whether there has been industrial action. It is not enough for the employer to allege that there has been action; the tribunal must determine that issue.

Gill v Ford Motor Co and others UKEAT/0005/04