Work outside contracted hours means only 1/365 of employee’s annual salary can be deducted on striking.

Work outside contracted hours means only 1/365 of employee’s annual salary can be deducted on striking.

  • In Hartley and others v King Edward VI College [2017] , the Supreme Court held that an employer was wrong to deduct 1/260 of an employee's annual salary rather than 1/365 when its employees went on strike.
  • The employer held that they were to deduct 1/260 of their annual salary because the teachers' working days had been specified in their contracts as Monday to Friday and so the daily rate was based on five working days a week.
  • However, the Supreme Court accepted the employee's repeal as it was accepted that the employees, who were teachers, regularly worked outside of their contracted hours, including during weekends and holidays and their annual salary should therefore be understood as each day being 1/365 of annual salary.