This case is a good example of how the terms of a staff handbook that is stated to be non-contractual can still be incorporated into an employee's contract of employment.
An industrial tribunal in Northern Ireland has awarded a managing director almost £149,000, which included an unusually large award for unlawful deductions from wages of £112,000.
This case concerned a common dispute at employment tribunals: whether or not a discretionary payment had become a contractual entitlement.
This is believed to be the first case to consider whether or not a claim for holiday pay for more than one leave year can be defeated by the employer paying the employee's final holiday year entitlement, thereby breaking the chain of unauthorised deductions.
This case serves as a reminder of the importance of pay in an employment relationship, and the danger to employers should they neglect that fact.
This case deals with an increasingly common situation: an employee who, having been prevented by sickness from taking holiday, claims holiday pay after leaving.
Zero hours contracts are a useful option for employers that cannot guarantee a consistent level of work for their staff. But can an employer still rely on zero hours provisions to reduce an employee's hours after years of giving them full-time work?
Employment contracts and staff handbooks are important documents, but any ambiguity about how different provisions relate to each other can result in tribunal claims, as this case demonstrates.
Although this case concerns a number of issues, it is most interesting for the tribunal's unusual findings on a variation of the claimant's contract.
HR and legal information and guidance relating to unauthorised deductions from pay.