The House of Lords has held that workers, including those on long-term sick leave who have a claim for unpaid annual leave under the Working Time Regulations 1998 (SI 1998/1833), are entitled to bring claims before an employment tribunal not only under the Working Time Regulations 1998, but also under s.13 of the Employment Rights Act 1996, which gives workers the right not to have unlawful deductions made from their wages.
In Small and others v Boots Co and another  All ER (D) 200 (Jan) EAT, the EAT held that the fact that the employer had stated that a bonus was discretionary did not necessarily mean that it had no contractual effect. The employer's discretion could relate to: whether or not to operate a bonus system at all; whether or not to award a bonus in a given year; or the amount of bonus to be awarded.
This week's case of the week, provided by Thomas Eggar, covers discretionary bonuses.
The Employment Appeal Tribunal has held that an employment tribunal did not have jurisdiction to hear claims against British Airways for non-payment of flying allowances to cabin crew who had not been able to fly because of an airport closure.
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
Practical guidance on dealing with overpayments made to employees, including deductions from wages; civil proceedings for restitution; estoppel by representation; and change of position.
The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.
In Blackford Farms Ltd v Mulqueeney EATS/0031/06, the EAT held that an employee who lodged an out-of-time claim for unlawful deductions from wages when he was within the time limit for a breach of contract claim should not have been allowed to proceed with his claim. The fact that he could have brought a breach of contract claim did not mean that he had done so.
This week's case of the week, provided by Addleshaw Goddard, covers unlawful deductions from wages.
In Coors Brewers Ltd v Adcock  EWCA Civ 19 CA, the Court of Appeal has held that employment tribunals do not have jurisdiction to hear claims for unlawful deductions from wages where a detailed investigation to identify the level of underpayment is required.
HR and legal information and guidance relating to tax and deductions from pay.