An agreement to "refrain from instituting any claim for race discrimination" did not exclude an ex-employee from bringing a race complaint, holds a Bedford employment tribunal (Chair: J M Wheeldon) in Sawicki v (1) Computacenter Ltd and (2) Hulme.
In Midland Bank plc v McCann (1998) IDS 623 EAT, the Employment Appeal Tribunal held that with regard to a discretionary bonus the employer had not exercised its discretion in such a way that it could be said to be in breach of the implied term of mutual trust and confidence.
Where it is alleged that bonus payments, paid at the director's discretion, are less for a woman employee than for her male comparators, and that this is on grounds of sex, the claim is one of sex discrimination and not of equal pay, a Bristol industrial tribunal (Chair: C G Toomer, sitting alone) rules in McKenzie-Wynne v Rowan Dartington & Co Ltd.
A university lecturer was unlawfully victimised for bringing race discrimination proceedings against his employer when his application for promotion was unfairly considered and when he was placed last on a list of people entitled to performance-related pay so that he stood little or no chance of receiving such pay, rules a London South industrial tribunal (Chair: G H K Meeran) in Majid v London Guildhall University.
Where the conduct of an administrator or receiver of a company amounts to an election to treat a continued contract of employment as giving rise to a separate liability in the administration or receivership, that contract is "adopted" within the meaning of the Insolvency Act 1986, holds the House of Lords in Powdrill and Atkinson v Watson and another; Talbot and another v Cadge and another; and Talbot and another v Grundy and another.
A black employee was unlawfully victimised when he was barred from his company's bonus scheme after he accused his managing director of being a racist, rules a London (North) industrial tribunal (Chair: P R K Menon) in Leacock v Zeller & Sons plc.
An assessment process for performance-related pay purposes, which led to a woman being paid £780 a year less than men on like work, suffered from confusion, double counting and an absence of transparency, rules a Norwich industrial tribunal (Chair: D R Crome) in Latham v Eastern Counties Newspapers Ltd.
The High Court's decision in Micklefield v SAC Technology Ltd illustrates how employees' rights under employee share option schemes can be affected by the termination of their employment.
Where the terms of a collective agreement are incorporated into employees' contracts of employment, they may be varied from time to time by agreement between the trade unions and the employers, so that the individual contracts are also varied. But, says the Court of Appeal in Robertson and Jackson v British Gas Corporation, if the collective agreement is terminated by the unilateral withdrawal or its terms varied by unilateral action to which the other side does not agree, the individual contracts remain unaffected.
HR and legal information and guidance relating to pay-related incentives and awards.