Westley concerned an IT1 form which had been sent to the right address by first class post before the three month limit was up, but never arrived. The EAT held that even when an application is properly sent, the Applicant, or advisor, must make certain that the document has arrived on time. On the last day for lodging the claim the solicitor in the case had tried to check the application had arrived but was told over the phone that the Central Office of Industrial Tribunals could not tell him whether the form had been received because of a backlog of applications. The EAT refused to extend the three month limit saying the solicitor could have sent another copy by fax that day. A CT 1986 stops employers making unlawful deductions from wages under a contract of employment, service or apprenticeship.
Employers can make lawful deductions from wages in certain situations.
Where, for example, a contract of employment gives authority to make deductions and has been given, in writing, to the employee before the deductions have been made. In Kerr the Sweater Shop had displayed a notice in the factory changing the company rules so that accrued holiday pay would no longer be paid in gross misconduct cases that resulted in dismissal. The decision means written notification must be given to each individual worker affected by the change. The public display of a notice within the employer's premises is not enough. In the related case of Park the EAT held that, where an employee was individually notified of a new contractual term, there is no requirement for the employee's consent to be given in writing in order for the change to be valid.