Can an employment tribunal insert a term into an employment contract?
The Manx High Court recently addressed the question of whether an employment tribunal had the power to insert a term into an employment contract which was different from the term that had been agreed and performed between the parties. The appeal centred on the salary of Mrs Simpson, the tribunal claimant, throughout her employment with the defendants, Mr and Mrs Pearson. At the outset of Simpson’s employment, the parties had agreed a fixed monthly salary, which was paid without dispute throughout the relationship. Since Simpson was a national from outside the United Kingdom, she required a visa and work permit in order for her to commence employment on the Isle of Man. The salary stated on Simpon’s visa was different from that on her work permit forms, and neither figure matched that which had been agreed between the parties. Simpson argued before the tribunal that she was entitled to the statutory minimum wage stipulated in Regulation 2(2)(a) of the Minimum Wage Regulations 2001 throu
