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On appeal from: [2011] EWCA Civ 1129.

The appellant brought a claim against the NHS Trust arguing, inter alia, that there had been an unlawful deduction of her wages contrary the Employment Rights Act 1996, Pt 2 (a concept that includes a failure to pay an employee what is contractually due to him or her). Held: the relevant payment protection clause in the NHS Terms was not well drafted. It was disturbing that a provision designed to confer rights on employees should be so obscure. The issue in this case was resolved by applying the ordinary principles of contractual interpretation according to which the object of the court is to ascertain the intention of the parties by examining the words they used and giving them their ordinary meaning in their contractual context.

For judgment, please download: [2013] UKSC 20
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII