Employment law cases

All items: Pay and benefits

  • Midland Bank plc v McCann

    Date:
    31 December 1998

    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.

  • Tribunal procedure: Settlement of unfair dismissal complaint did not bar unpaid wages claim

    Date:
    1 September 1998

    A compromise to settle an employee's claim for compensation for unfair dismissal, reached during the employment tribunal proceedings and recorded by the tribunal in a document headed "Decision of the [employment] tribunal", did not prevent the employee from subsequently bringing proceedings in the county court for unpaid wages, holds the Court of Appeal in Dattani v Trio Supermarkets Ltd.

  • Deductions from wages: Advance commission set off against unlawful deduction

    Date:
    15 August 1998

    In Robertson v Blackstone Franks Investment Management Ltd, the Court of Appeal holds that an investment consultant suffered unlawful deductions from his wages when commission earned in respect of work done before his contract was terminated, but payable after termination, was not paid.

  • Deductions from wages: Wage reduction on shift reorganisation not unlawful

    Date:
    15 August 1998

    An employment tribunal was wrong to hold that an employee suffered an unlawful deduction from wages when he was required to transfer from night-shift working to day shifts and received lower pay as a result, holds the EAT in Hussman Manufacturing Ltd v Weir.

  • Adin v Sedco Forex International Resources Ltd

    Date:
    1 May 1997

    In Adin v Sedco Forex International Resources Ltd [1997] IRLR 280 CS, the Court of Session held that if an employer provides sickness benefits it will be a breach of contract to dismiss an employee on grounds of ill health while he or she has sickness benefit outstanding.

  • Deductions from wages: Individual notification of term authorising deductions required

    Date:
    1 October 1996

    The posting in a factory of a notice which stated that accrued holiday pay would not be given to employees dismissed for gross misconduct did not amount to the requisite written notification to the workers of a contractual term authorising a deduction from their wages, holds the EAT in (1) Kerr v The Sweater Shop (Scotland) Ltd (2) The Sweater Shop (Scotland) Ltd v Park.

  • Deductions from wages: Employer entitled to vary collectively-agreed bonus scheme

    Date:
    1 October 1996

    An employer was contractually entitled to make changes to an incentive bonus scheme without the consent of employees individually or their trade union representatives, holds the EAT in Airlie and others v City of Edinburgh District Council.

  • ECJ rules on pension discrimination

    Date:
    1 December 1994

    The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

  • PRP scheme lacked transparency

    Date:
    1 June 1994

    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.

  • Wages Act: Tribunal must decide contractual entitlement

    Date:
    15 November 1993

    Where employees argue that they have not received the full pay to which they are entitled and that this amounts to an unlawful deduction under the Wages Act, the industrial tribunal must first determine any dispute about what wages are properly payable under the contract, the EAT confirms in Yemm and others v British Steel plc.

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Employment law cases: HR and legal information and guidance relating to pay and benefits.