Substance of the claim

Case 2: The facts

Mrs Whitmore worked as a typist for the Inland Revenue. She developed a condition that meant that she could no longer type and was transferred to a different post, losing her typing proficiency allowance. Whitmore submitted a tribunal claim for breach of contract. The tribunal rejected the claim on the basis that it did not have jurisdiction to deal with breach of contract claims unless they arose at termination of employment. Whitmore appealed.

The ruling

The EAT held that the tribunal should have looked at the substance of the claim. Had it done so it would have realised that this was also a claim for unlawful deduction of wages and so fell within the tribunal's remit.

* Whitmore v Commissioners of Inland Revenue EAT/0727/02