A consultant who was not awarded a discretionary point under the NHS Discretionary Award Scheme was unlawfully discriminated against on grounds of race, as the procedures for awarding points lacked objectivity, holds a Southampton employment tribunal (Chair: S J W Scott) in Nasr v Salisbury Health Care NHS Trust.
In Chequepoint (UK) Ltd v Radwan, the Court of Appeal upholds an employment tribunal's award of damages to a dismissed employee in respect of unpaid bonuses.
In Bower v Schroder Securities Ltd a Stratford employment tribunal (Chair: V K Gay) has found that an equities analyst was discriminated against on grounds of sex when she was paid a bonus which was much less than that given to male colleagues, and that she was also discriminated against in respect her constructive dismissal.
A London Central employment tribunal (Chair: T J Mason) in O'Neill v HSBC Bank plc finds that a bank's "Let's Reward Success" scheme was a performance-related pay scheme within the meaning of the Disability Discrimination (Employment) Regulations, even though it took account of absence from work.
In Ryder and others v Warwickshire County Council and others, upholding an equal pay claim from female school catering and cleaning staff paid less than male comparators doing equivalent work, a Birmingham employment tribunal (Chair: A J McCarry) rejects the employer's genuine material factor defence based on productivity.
In Lewen v Denda, the European Court of Justice rules that, where a bonus that is paid voluntarily as an exceptional allowance at Christmas is awarded retroactively as pay for work done, an employer is precluded by Article 141 of the Treaty of Rome from excluding female workers on parental leave entirely from the benefit of the bonus, without taking account of the work done. But an employer may lawfully refuse to pay such a bonus to a woman on parental leave where that payment is subject only to her being in active employment.
In Lewen v Denda the European Court of Justice has ruled that whether an employee on parental leave is entitled under Article 119 of the EC Treaty (now Article 141) to a Christmas bonus depends on whether it is properly seen as pay for work performed or whether it is to encourage those in active employment to work hard in forthcoming months.
In Kruger v Kreiskrankenhaus Ebersberg the European Court of Justice has ruled that a collective agreement which excluded employees working less than 15 hours from bonus payments is indirectly discriminatory.
In Abdoulaye and others v Regie Nationale des Usines Renault SA the European Court of Justice has ruled that a maternity bonus to women did not discriminate against men so as to contravene Article 119 of the EC Treaty.
A female employee who was unjustifiably excluded from appraisals and the benefits of a profit-share scheme and a one-off share issue because she was a casual employee, was indirectly discriminated against on grounds of sex, holds an Ashford employment tribunal (Chair: D E de Saxe) in Buckle v Abbey National plc.
HR and legal information and guidance relating to pay-related incentives and awards.