Trinity Barrister success at Employment Appeal Tribunal
Trinity employment barrister, Richard Stubbs successfully appeared at the Employment Appeal Tribunal in resisting the Respondent’s appeal of a finding that it had made unlawful deductions from wages following a collective negotiation of consolidation of bonuses into basic pay.
In Nexus v Anderson UKEAT 0151/16/BA , HHJ Hand QC agreed that the consolidation of a productivity bonus into basic pay meant that the total amount with that element consolidated must be taken into account for all allowances based on a multiplier of basic pay.
The case concerned construction of contractual terms and dealt with the irreconcilable recent judgments of the EAT in Agarwal v Cardiff University (Slade J) and Weatherilt v Cathay Pacific Airways Ltd (HHJ Richardson) on whether an ET has jurisdiction to construe terms of a contract when considering an unlawful deductions claim.
Richard is a member of Trinity's Employment, Business, Chancery, Agriculture and Costs teams and is recommended in the leading directories: "He's commercially aware and prepared to understand the client's perspective and importance." "He's well prepared, good with clients and witnesses and easy to deal with." Employment, Chambers UK 2018.
As well as being an accredited Civil and Commercial Mediator and member of Trinity's ADR team, Richard is on the Government Legal Department's Regional Panel of Counsel and is a member of the Football Association’s National Panel of Chairmen for Anti-Discrimination Cases.