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    He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his q

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    In the case of Atchoe v Camden Primary Care Trust [2006], the issue of unauthorised deduction of wages was heard before the Employment Tribunal. The employee worked in maintenance for the employer’s estates and facilities directorate. In addition, the employee was also occasionally employed out of hours when an emergency arose. This was an ‘on-call’ system and was organised on a rota basis. If an employee took part he or she would receive additional payments for being on-call. If an employee was called out in an emergency he or she then received further payment for work carried out.

    The employee’s contract stipulated a number of things:

    * He had to show evidence that he held the technical qualifications required to work in the position of maintenance worker

    * He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his q

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    estates and facilities directorate. In addition, the employee was also occasionally employed out of hours when an emergency arose. This was an ‘on-call’ system and was organised on a rota basis. If an employee took part he or she would receive additional payments for being on-call. If an employee was called out in an emergency he or she then received further payment for work carried out.

    The employee’s contract stipulated a number of things:

    * He had to show evidence that he held the technical qualifications required to work in the position of maintenance worker

    * He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his q

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    an employee took part he or she would receive additional payments for being on-call. If an employee was called out in an emergency he or she then received further payment for work carried out.

    The employee’s contract stipulated a number of things:

    * He had to show evidence that he held the technical qualifications required to work in the position of maintenance worker

    * He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his q

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    p>The employee’s contract stipulated a number of things:

    * He had to show evidence that he held the technical qualifications required to work in the position of maintenance worker

    * He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his q

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    He was expected to take part in the on-call system; and

    * The employer retained the right to vary the terms of his employment.

    The employer asked the employee to show evidence of his qualifications. It came into question whether the employee was able to provide this evidence. As a result of this, the employer removed the employee from the rota for the on-call system on the grounds of safety. The employee therefore no longer received the extra payment for being on-call.

    The employee relied on s13 of the Employment Rights Act 1996 and claimed that the employer had unlawfully deducted from his pay.

    The Employment Tribunal held that the employer had been entitled to remove the employee from the rota on the grounds of safety. However, it was not entitled to deduct from his pay. The Tribunal had based its decision on three authorities upon which the parties had not relied nor made submissions. The employer appealed to the Employment Appeals Tribunal (“EAT”

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