Pay-related incentives/awards

New and updated

  • Subjectivity anathema to equal opportunities

    Date:
    1 September 2001
    Type:
    Law reports

    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.

  • Contracts of employment: Employee contractually entitled to unpaid "discretionary" bonuses

    Date:
    1 August 2001
    Type:
    Law reports

    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.

  • City firm underpaid analyst

    Date:
    1 June 2001
    Type:
    Law reports

    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.

  • Bonus scheme fell within Regulations

    Date:
    1 March 2001
    Type:
    Law reports

    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.

  • Productivity bonus no defence to unequal pay

    Date:
    1 March 2000
    Type:
    Law reports

    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.

  • Equal pay: Refusing to pay Christmas bonus to women on parental leave may not be discriminatory

    Date:
    15 January 2000
    Type:
    Law reports

    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.

  • Bonus paid during parental leave

    Date:
    1 December 1999
    Type:
    Law reports

    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.

  • Part-timers excluded from bonus

    Date:
    1 September 1999
    Type:
    Law reports

    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.

  • Maternity bonus lawful

    Date:
    1 September 1999
    Type:
    Law reports

    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.

  • Unlawful exclusion from benefits

    Date:
    1 March 1999
    Type:
    Law reports

    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.