Pay and benefits
In Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT, the EAT held that payment in respect of overtime that the worker is obliged to work when it is available, but that is not guaranteed by the employer, constitutes part of the worker's normal remuneration and as such should be included in the computation of the worker's holiday pay.
The Employment Appeal Tribunal (EAT) has held that, where an employee's pay for a period is reduced to recover an overpayment for a previous period, that reduction represents a deduction that should be identified on the employee's payslip.
The Employment Appeal Tribunal (EAT) has held that an entire agreement clause was effective in precluding reliance on a prior oral assurance given by HR that salary would increase by annual increments subject to satisfactory performance.
The Employment Appeal Tribunal (EAT) has held that a "higher education course" under the National Minimum Wage Regulations 1999 (SI 1999/584) relates to courses undertaken only in the UK and therefore disproportionately excludes foreign students and is indirectly discriminatory, but is justified as a proportionate means of preventing abuse of the national minimum wage system, which is a legitimate aim.
Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
The European Court of Justice has held that a worker's commission payments must be included in the calculation of his or her holiday pay.
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
The employment tribunal in this age discrimination case found that the employer discriminated against a 77-year-old potential recruit by failing to make enquiries about alternative driving insurance cover for him after one telephone conversation with its usual insurance provider.
The employer discriminated against an employee by withdrawing his permanent health insurance (PHI) benefits when he reached the age of 55, found the employment tribunal in this age discrimination case.
Employment law cases: HR and legal information and guidance relating to pay and benefits.