Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.
This week's case round-up from Eversheds, covering: incorporated contract terms; and calculating statutory maternity pay.
In Peninsula Business Services Ltd v Sweeney the EAT holds that a sales executive's contract of employment incorporated the rules governing the employer's commission scheme, which specified that no payments of commission would be made if the employee was no longer in the employment at the date the commission would have been payable. Those rules were clearly set out in a written document that was specifically referred to as forming part of the contract, and which had been signed by the employee.
In Commerzbank AG v Price, the Court of Appeal holds that a High Court judge erred in his construction of employment documents which, properly construed, guaranteed the employee only one bonus payment for the year in question, and not the two that he had in fact been paid.
This week's case round-up from Eversheds, covering: recovering bonuses paid in error; and posted workers' rights on termination.
In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
In Barton v Investec Henderson Crosthwaite Securities Ltd (3 April 2003), the EAT sets out guidance on the correct approach to the burden of proof in equal pay and sex discrimination cases.
Louise Barton has won her appeal against the employment tribunal's decision in her sex discrimination and equal pay case.
HR and legal information and guidance relating to pay-related incentives and awards.