Case details

Hartley and others (Appellants) v King Edward VI College (Respondent)

Case ID: UKSC 2015/0142

Case summary


What is the correct approach to quantifying the amount an employer can withhold from a teacher who has lawfully gone on strike? In particular, what is the correct interpretation of ss.2 and 7 of the Apportionment Act 1870? If s.7 allows parties to exclude the principle under s.2 of the Act, did the parties exclude it in this case?


The three appellants are employees of the respondent, a sixth form college. Each appellant was required to work during "directed time" at the college, and during "undirected time", which could be carried out at the college or at home and could be outside of normal term-time hours.

The appellants participated in a day of lawful strike action on 30 November 2011. The respondent deducted a sum from their pay at a rate of 1/260 of their annual pay. The appellants say that the deduction should have been at a rate of 1/365 under s.2 of the Apportionment Act 1870 and that the respondent is in breach of contract.

Judgment appealed

[2015] EWCA Civ 455


  1. Peter James Hartley
  2. Jeremy George Panko
  3. Stewart Monk

King Edward VI College



Lady Hale, Lord Clarke, Lord Wilson, Lord Hughes, Lord Gill (Scotland)

Hearing start date

01 Feb 2017

Hearing finish date

01 Feb 2017

Watch hearing
01 Feb 2017 Morning session Afternoon session