Qantas Cabin Crew (UK) Ltd v Lopez & Anor (Unlawful Deduction from Wages)

This is a wages claim � formally a claim under Part II of the Employment Rights Act 1996 that unauthorised deductions were made from the pay of two employees.�

It is the judgment of the court to which all members appointed by statute for their diverse specialist experience have contributed.� By the Employment Tribunals Act 1996 a wages claim is heard by a judge alone unless it is considered that there should be lay members.� In this case it was considered that a three person tribunal would best be able properly to consider the issues because of their experience.� Thus, an appeal is heard by a three person bench at the EAT.�

We will refer to Qantas Cabin Crew (UK) Ltd as the Respondent.� Mr Andrew Lopez�s and Ms Alexandra Hooper�s circumstances are similar but not identical.� Ms Hooper signed the first and second contracts of employment to which we will refer, whereas Mr Lopez was found to have agreed the first and signed the second.� Part of Ms Hooper�s claim was out of time, but was rescued by the Tribunal�s finding.� Mr Lopez�s claim was in time.� Save for the above, we will refer to them as the Claimants.�

The appeal was sent for a full hearing by His Honour Judge Peter Clark and the cross appeal by His Honour Jeffrey Burke QC (albeit the EAT orders confused the two).�

The substantive issue is the construction of a written contract of employment entered into in the absence of undue influence and duress.�