Mennell v Newell & Wright (Transport Contractors) Ltd

In Mennell v Newell & Wright (Transport Contractors) Ltd [1996] IRLR 384, the Court of Appeal upheld a ruling by the Employment Appeal Tribunal (EAT) that a dismissed employee did not have to show that the employer had actually breached a statutory right, provided the employee had genuinely alleged that it had been breached.

Mr Mennell’s claim was that he had been unfairly dismissed for asserting a statutory right not to have unlawful deductions made from his wages, even though no actual deduction from pay had taken place.

The allegation of breach of a statutory right was based on the employer’s insistence that Mr Mennell should sign a contract which contained a clause giving the employer the right to deduct money from wages in certain circumstances.

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