The Court of Appeal held in Luke v Stoke-on-Trent City Council that the Council had not made unlawful deductions from wages when it failed to pay a special needs teacher who refused to work anywhere but the place of work specified in the employment contract. The Court of Appeal thus upheld the decisions of the tribunal and EAT, but for different reasons. It found that there was no obligation to pay the employee, as she was refusing to do any work. The Court of Appeal declined to follow the EAT's approach and refused to imply a term into the contract of employment that, in exceptional circumstances, the employer could require the employee to work elsewhere.

Apart from showing that three different courts can come to three different conclusions on the same facts this case also illustrates the importance of employers including an express mobility clause in employment contracts should they wish to vary an employee's place of work.