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Fixed-term workers: Fixed-term detriment found despite application to other groups

This report relates to 1 case(s)

  • expand disabled

    (1) Coutts & Co Plc (2) Royal Bank of Scotland v (1) Mr Paul Cure (2) Mr Peter Fraser EAT/0395/04 (0 other reports)

Key points

In Coutts & Co plc v Cure; Royal Bank of Scotland v Fraser, the EAT holds:

  • In a case where an employer refused to pay a non-contractual bonus to all non-permanent employees, including some fixed-term workers, the tribunal did not err in law by holding that the reason for the less favourable treatment was on the ground of the employees' status as fixed-term workers.
  • The date of the act complained of, from which time runs for limitation purposes, was not the date on which the employer announced an intention in principle to make bonus payments, but the date when the employer decided on the details of and date for payment, and its application to relevant categories of employees.