Pay and benefits
In this test case, the employment tribunal found that an NHS trust had unlawfully amended its pay progression policy to provide that staff would be denied a pay rise if their sickness absence reached a certain level.
Dinu Suntook, Cane Pickersgill and Poppy Fildes are all associates at Addleshaw Goddard. They round up the latest rulings.
The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.
Chris McAvoy, Sarah Wade, David Rintoul, Helen Corbett and Kristin Aarvik are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
The Court of Appeal has held that there could be no remedy for part-time female workers who were prevented from joining an occupational pension scheme during particular periods because they would not have chosen to join the pension scheme even if they had been eligible to do so.
Chris McAvoy, Cane Pickersgill, Tessa Harland, Sarah Wade and David Rintoul are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
A company in a highly competitive creative industry that took on a worker seeking to get her foot in the door and paid her "expenses only" was found in this case to have breached national minimum wage and working time legislation.
In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".
The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
Employment law cases: HR and legal information and guidance relating to pay and benefits.