C V MccRee v. The London Borough of Tower Hamlets

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 3 September 1991 Judgment delivered on 11 October 1991 Before

At that hearing the Applicant appeared in person and the major part of the evidence seems to have been concerned with matters of racial discrimination. He is represented before us by solicitors and Counsel instructed by his Trade Union. He appeals only against the dismissal of his claim under the Wages Act. Although the facts fell within a small compass, the issue raised is said to be of wide effect and substantial in financial terms.

During 1985 property, in the sense of housing, was being transferred from the Greater London Council (GLC) to the London boroughs. It was part of the breaking up of the GLC also being transferred to the London boroughs.

The Applicant was transferred for this reason. A very few months before his transfer he, with many others, had been granted a London non-cash pay supplement of �6.00 per week in return for agreeing to be paid by credit transfer through his bank as opposed to his right to cash under the Truck Acts.

As the industrial members know from their own experience the abolition of the Truck Acts had been a topic of discussion in industry since the early 1980s, and there was undoubtedly a financial benefit to an employer to be able to use the transfer credit system. This variation in the contract terms was usually, but not always, met by the payment of a lump sum of the order of �100.