All items: Pay and benefits

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  Banks v Tesco Stores Ltd [1999] ICR 1141 IT (2 reports relating to this case)

  • SMP not indirectly discriminatory

    Date:

    1 March 1998

    The rules on statutory maternity pay (SMP) which deny payment to women whose earnings are below the lower earnings limit cannot be held to be indirectly discriminatory on grounds of sex, an Ashford industrial tribunal (Chair: D E de Saxe) has held in Banks v (1) Tesco Stores Ltd and (2) Secretary of State for Social Security.

  • Equal pay: Challenge to SMP exclusion fails

    Date:

    15 September 1997

    In Banks v (1) Tesco Stores Ltd (2) Secretary of State for Social Security, an industrial tribunal holds that the contract of a part-time employee, who was not eligible for SMP because her earnings were less than the lower earnings limit for payment of national insurance contributions, was less favourable in respect of parental leave than that of a male comparator who was unconditionally entitled to three days' paid parental leave.

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  Banks v Tesco Stores Ltd and another [1999] ICR 1141 EAT (1 report relating to this case)

  • Pregnancy and maternity: Qualifying conditions for SMP do not breach Community law

    Date:

    15 November 1999

    A refusal to pay statutory maternity pay to a woman on maternity leave who did not satisfy all of the conditions of eligibility for such did not constitute sex discrimination contrary to Article 141 of the Treaty of Rome, holds the EAT in Banks v (1) Tesco Stores Ltd (2) Secretary of State for Social Security.

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  Bannerman Co Ltd v Mackenzie and another EAT/275/95 (1 report relating to this case)

  • Deductions from wages: Deductions from discretionary bonus were unlawful

    Date:

    1 May 1996

    An employer who for several weeks reduced an employee's weekly bonus to offset the cost of vehicle repairs incurred because of the employee's act of negligence, made unlawful deductions from his wages notwithstanding that the contract of employment provided that weekly bonuses were made at the employer's discretion, holds the EAT in Bannerman Co Ltd v Mackenzie and another.

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  Barber v Guardian Royal Exchange Assurance Group [1990] IRLR 240 ECJ (3 reports relating to this case)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

  • Occupational pensions are pay under EEC law

    Date:

    1 July 1990

    In Barber v Guardian Royal Exchange Assurance Group (17 May 1990) EOR32A, the European Court of Justice takes the historic decision that a pension paid under a contracted-out occupational scheme falls within the scope of the directly enforceable prohibition against sex discrimination in Article 119 of the EEC Treaty. Discrimination on grounds of sex by employers in setting pensionable ages and in benefits provided is unlawful from the date of the Court's decision.

  • Sex discrimination: Equality required in occupational pensions

    Date:

    19 June 1990

    The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.

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  Barclays Bank plc v Kapur and others (No.2) [1995] IRLR 87 CA (2 reports relating to this case)

  • Race discrimination: Non-recognition of African service was not on "racial grounds"

    Date:

    1 December 1994

    East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.

  • No discrimination without racially-based reason

    Date:

    1 December 1994

    An industrial tribunal erred in finding that there had been direct racial discrimination in the absence of a finding that the reason for the treatment complained of was race-based, rules the Court of Appeal in Barclays Bank plc v Kapur and others (No.2).

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  Barclays Bank plc v Kapur and others [1989] IRLR 387 CA (1 report relating to this case)

  • Continuing discrimination

    Date:

    1 September 1989

    In Barclays Bank plc v Kapur and others (29.6.89) EOR27A, the Court of Appeal holds that where a discriminatory rule or practice is maintained by an employer, the act of discrimination continues so long as it is maintained.

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  Barclays Bank plc v Kapur and others [1989] IRLR 57 EAT (1 report relating to this case)

  • Restrictive interpretation of "continuing discrimination"

    Date:

    1 March 1989

    In Barclays Bank plc v Kapur and others (21.12.88) EOR24B , the EAT takes a narrow view of when an act of discrimination can be regarded as continuing over a period, an issue of importance for whether a discrimination complaint is presented to a tribunal within the statutory time limit.

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  Barclays Bank plc v Kapur and others [1991] IRLR 136 HL (1 report relating to this case)

  • Pensions discrimination is a continuing act

    Date:

    1 March 1991

    In Barclays Bank plc v Kapur and others (24 January 1991) EOR36B, the House of Lords holds that an employer's refusal to allow an employee's previous service to count towards a pension is an "act extending over a period" within the meaning of s.68(7)(b) of the Race Relations Act rather than a "deliberate omission" within the meaning of s.68(7)(c).

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  Barrie and others v Rochdale Metropolitan Borough Council EAT/224/94 (1 report relating to this case)

  • Deductions from wages: Car allowances not "wages"

    Date:

    1 February 1996

    In Barrie and others v Rochdale Metropolitan Borough Council, the EAT holds that car allowances paid to employees of the council were wholly in respect of expenses incurred by them in doing their jobs.

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  Barton v Investec Henderson Crosthwaite Securities Ltd [2003] IRLR 332 EAT (7 reports relating to this case)

  • Equal pay and sex discrimination: New guidance on burden of proof in sex discrimination claims

    Date:

    3 July 2003

    In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.

  • Case round-up

    Date:

    1 June 2003

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Guidance on burden of proof

    Date:

    1 June 2003

    In Barton v Investec Henderson Crosthwaite Securities Ltd (3 April 2003), the EAT sets out guidance on the correct approach to the burden of proof in equal pay and sex discrimination cases.

  • EAT slams City culture of pay secrecy

    Date:

    1 May 2003

    Louise Barton has won her appeal against the employment tribunal's decision in her sex discrimination and equal pay case.

  • Equal value update

    Date:

    1 May 2003

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

  • Case round-up: transparency of incentive schemes and time limits for making discrimination claims

    Date:

    22 April 2003

    This week's case round-up from Eversheds, covering: transparency of incentive schemes; and time limits for making discrimination claims.

  • Burden of proof for pay equality shifts to firms

    Date:

    15 April 2003

    The EAT's shrewd ruling over a City bonus claim has wide implications for all employers fighting sex discrimination cases and serves as a warning over transparent pay scales. By Makbool Javid of DLA.