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If an employer fails to pay the wages of an employee then there is a breach of contract. The problem can initially be solved by talking it out with the employer directly either orally or in writing. But if this fails then the employee can take the case to the Employment Tribunal in three months from the date the wages were due.
An employer has to pay wages even if no work is there for the employee to do. The common principle is that wages has to be paid if an employee is accessible for work. This again depends on whether the terms in the contract are expressed or implied.
The case on hand with regard to Lessex Police Constabulary agree with Highspots Nightclub is similar to the case of Scottbridge Ltd v Wright wherein a night-watchman was called for to be on the building between 5 pm and 7 am every night. Other than some minor duties the watch man was mainly required to be in the premises to prevent any intruders. When the night watch-man claimed his wages the employer refused to pay saying that he had no work. The Court of Session preserved the EAT judgment that he has to be paid at least the national minimum wage rate for the hours he was at work. It was in the hands of the employer to render him with work and just because he did not have any work to do will not nullify his right to be paid.
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