All items: Pay and benefits

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  Agarwal v Cardiff University and another; Tyne and Wear Passenger Transport Executive (t/a Nexus) v Anderson and others [2019] IRLR 657 CA (1 report relating to this case)

  • Deductions from wages: Tribunals have jurisdiction to construe employment contract

    Date:

    5 October 2018

    In Agarwal v Cardiff University and another; Tyne and Wear Passenger Transport Executive t/a Nexus v Anderson and others, the Court of Appeal held that employment tribunals have jurisdiction to construe contractual terms in the context of a claim for unlawful deductions from wages.

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  Air Jamaica Limited v Charlton PC (1 report relating to this case)

  • In court 1999

    Date:

    1 January 2000

    Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

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  Airlie and others v City of Edinburgh District Council [1996] IRLR 516 EAT (1 report relating to this case)

  • 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.

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  Alabaster v Barclays Bank plc and Secretary of State for Social Security (No.2) [2005] IRLR 576 CA (4 reports relating to this case)

  • Equal pay: case law update

    Date:

    3 February 2006

    We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

  • Maternity leave and equal pay: Male comparator not required in maternity pay claim

    Date:

    24 June 2005

    In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.

  • No need for male comparator in maternity equal pay claims

    Date:

    1 June 2005

    In Alabaster v Barclays Bank plc and the Secretary of State for Social Security (3 May 2005), the Court of Appeal holds that in equal pay claims relating to maternity, the requirement for a male comparator in s.1 of the Equal Pay Act should be disapplied in order to comply with art. 141 of the EC Treaty.

  • Ruling leads to changes in SMP pay rise awards

    Date:

    10 May 2005

    Catherine Taylor, employment partner at Olswang, looks at the implications for employers of the recent adjustment of domestic law to comply with the ECJ's ruling that pay rises must be reflected in statutory maternity pay.

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  Alabaster v Woolwich plc and Secretary of State for Social Security [2000] IRLR 754 EAT (2 reports relating to this case)

  • SMP Regulations breach EU law

    Date:

    1 September 2000

    In Alabaster v Woolwich plc and Secretary of State for Social Security, the EAT has ruled that an amendment made to the Statutory Maternity Pay Regulations failed to implement fully the European Court's decision in the Gillespie case because it does not allow women on maternity leave the benefit of pay increases that are not backdated.

  • Maternity pay: Benefit of non-backdated pay increase should have been added to maternity pay

    Date:

    15 June 2000

    In Alabaster v Woolwich plc and another, the EAT holds that a woman was entitled to see the benefit of a pay increase awarded before she went on maternity leave reflected in the calculation of her earnings-related, higher-rate statutory maternity pay ("SMP").

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  Alabaster v Woolwich plc and Secretary of State for Social Security [2002] IRLR 420 CA (1 report relating to this case)

  • Equal value update

    Date:

    1 May 2003

    Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

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  Alabaster v Woolwich plc and Secretary of State for Social Security [2004] IRLR 486 ECJ (4 reports relating to this case)

  • Equal pay: SMP must include pay rise effective after reference period

    Date:

    18 June 2004

    In Alabaster v Woolwich plc, the European Court of Justice holds that article 119 (now 141) of the EC Treaty of Rome requires that earnings-related maternity pay must reflect any pay rise awarded between the start of the reference period (upon which the level of the earnings-related maternity pay is based) and the end of the employee's maternity leave.

  • Maternity pay to include all pay rises during maternity leave

    Date:

    1 June 2004

    In Alabaster v (1) Woolwich plc and (2) Secretary of State for Social Security, the ECJ rules that the earnings-related element of statutory maternity pay must include a pay rise made at any time before the end of maternity leave.

  • Maternity rights: gap in the law highlighted

    Date:

    1 May 2004

    The European Court of Justice (ECJ) has ruled that a woman who receives a pay rise at any time before the end of her maternity leave must receive the benefit of this in the earnings-related part of her maternity pay.

  • Case round up: incorporated contract terms; and calculating statutory maternity pay

    Date:

    20 April 2004

    This week's case round-up from Eversheds, covering: incorporated contract terms; and calculating statutory maternity pay.

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  Alexander Forbes Trustee Services Ltd v Clarke [2008] EWHC 153 (Ch) HC (1 report relating to this case)

  • Pension scheme wind-ups thrown into turmoil by court ruling

    Date:

    1 April 2008

    Schemes that commenced winding up between 1997 and 2005, and that are in deficit, may have to reprioritise their benefits for the second time within a year as a result of a recent High Court ruling.

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  Ali and others v Christian Salvesen Food Services Ltd [1995] IRLR 624 EAT (1 report relating to this case)

  • Contracts of employment: "Annualised hours" contract contained implied term on overtime pay

    Date:

    1 September 1995

    In Ali and others v Christian Salvesen Food Services plc the EAT holds that a contract of employment, which provided that overtime payments would be made only when the employee had worked more than the annualised hours total of 1,824 hours in the working year, contained an implied term entitling the employee, whose employment terminated several months before the end of the working year, to overtime payments in certain circumstances.

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  Ali and others v Christian Salvesen Food Services Ltd [1997] IRLR 17 CA (1 report relating to this case)

  • Contracts of employment: No implied term in "annualised hours" contract

    Date:

    15 December 1996

    In Christian Salvesen Food Services Ltd v Ali and others, the Court of Appeal considers an "annualised hours" contract, deriving from a collective agreement, under which employees were paid a standard wage for a notional 40-hour week, but overtime became payable only after 1,824 hours had been worked in a 12-month period.