Deducting strikers pay

Employers can only deduct 1/365 of a worker's pay for each day of strike action.

The facts

Abigail Smith, a teacher, took strike action. Her employers, Kent County Council, deducted a day's pay but claimed that this was calculated at 1/195 of Smith's annual salary, since her employment contract stipulated this as the standard working year for a teacher.

The ruling

Smith successfully argued at the EAT that the deduction was too large and that the most that could be deducted was 1/365.

Smith v Kent CC HC, Case No: HQ03X00453