All items: Pay and benefits

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  Barts & The London NHS Trust v Verma [2011] EWCA Civ 1129 CA (1 report relating to this case)

  • Case of the week: Pay-protection policies

    Date:

    8 December 2011

    This week's case of the week, provided by DLA Piper, covers pay-protection policies.

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  Bates v Chubb Security Personnel Ltd [2004] All ER (D) 121 (Sep) EAT (1 report relating to this case)

  • Case round-up: Variation of contract proves expensive

    Date:

    9 November 2004

    This week's case round-up from Eversheds, looking at contract variations in TUPE transfers.

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  Bavin v NHS Trust Pensions Agency and another [1999] OPLR 285 EAT (2 reports 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.

  • Sex discrimination: Pension scheme did not unlawfully discriminate against transsexual

    Date:

    15 October 1999

    In Bavin v (1) NHS Trust Pensions Agency (2) Secretary of State for Health, the EAT holds that a pension scheme under which only the surviving spouse of a member is entitled to derived benefits did not unlawfully discriminate on grounds of sex against a transsexual, who was born in a female body but has undergone gender reassignment, in a long-term relationship with a female member of the scheme.

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  Baxter v Titan Aviation Ltd EAT/0355/10 (1 report relating to this case)

  • Case round-up

    Date:

    1 November 2011

    Chris McAvoy, Cane Pickersgill, Tessa Harland, Sarah Wade and David Rintoul are associates at Addleshaw Goddard LLP. They round up the latest rulings.

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  Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT (2 reports relating to this case)

  • Holiday pay: Regular, non-guaranteed overtime pay to be included in holiday pay calculation

    Date:

    2 January 2015

    In Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT, the EAT held that payment in respect of overtime that the worker is obliged to work when it is available, but that is not guaranteed by the employer, constitutes part of the worker's normal remuneration and as such should be included in the computation of the worker's holiday pay.

  • Holiday pay should include non-guaranteed overtime, says EAT

    Date:

    4 November 2014

    The Employment Appeal Tribunal (EAT) has held that regular non-guaranteed overtime should be included in holiday pay calculations, but the EAT has limited the potential for workers to succeed with claims for historical non-payment of holiday pay.

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  Beauvale Furnishings Ltd v Chapman EAT/79/00 (1 report relating to this case)

  • Illegality of contract: Intention to defraud Revenue rendered contract illegal

    Date:

    1 August 2001

    In Beauvale Furnishings Ltd v Chapman, the EAT holds that the contract of an employee who represented himself as self-employed to the Inland Revenue, the Contributions Agency and the Legal Aid Board was illegal until he regularised his position.

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  Beckmann v Dynamco Whicheloe Macfarlane Ltd [2002] IRLR 578 ECJ (7 reports relating to this case)

  • Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

    Date:

    1 August 2002

    Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.

  • Early retirement benefits not affected by a transfer

    Date:

    9 July 2002

    Private employers hiring public sector workers under TUPE need to be aware of potential liability when implementing redundancies.

  • Early retirement rights protected under TUPE

    Date:

    2 July 2002

    Private sector employers could be liable for the early retirement pension benefits of staff transferred from the public sector following a ruling by the European Court of Justice.

  • ECJ rules on transfer of early retirement benefits

    Date:

    1 July 2002

    The question of whether an employee may retain pension rights when an undertaking is transferred has caused great controversy in recent years, and has resulted in more than one referral to the European Court of Justice (ECJ).

  • ECJ: Ruling on transfer of early retirement benefits

    Date:

    1 July 2002

    In case C-164/00 Beckmann v Dynamco Whicheloe Macfarlane Ltd, the European Court of Justice (ECJ) ruled on 4 June 2002 that the 1977 business transfers Directive does not exclude the transfer of early retirement benefits.

  • ECJ retirement bombshell in the hands of the High Court

    Date:

    1 July 2002

    A ruling by the European Court of Justice that an early retirement pension is not an 'old age benefit' could have far reaching consequences if upheld by the High Court

  • ECJ delivers Tupe early retirement benefits shock

    Date:

    20 June 2002

    Once in a while there is a legal case that turns the world upside down, writes John McMullen. Beckmann v Dynamco Whicheloe MacFarlane Ltd (ECJ - Case C-164/00) is such a case. It concerns the current exclusion in Regulation 7 of Tupe in respect of benefits that transfer under Regulation 5. Regulation 7 of Tupe excludes rights under or in connection with an occupational pension scheme in so far as they relate to old age, invalidity or survivor's benefits.

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  Bellingham v Secession Ltd [2006] All ER (D) 62 (Jan) EAT (2 reports relating to this case)

  • Constructive dismissal: No written contract but employee entitled to full sick pay

    Date:

    21 July 2006

    In Secession Ltd t/a Freud v Bellingham EAT/0069/05, the Employment Appeal Tribunal holds that the tribunal was entitled to imply a term to the effect that an employee with no written contract had the right to be paid in full during periods of sickness absence.

  • Case round-up: Constructive dismissal

    Date:

    25 April 2006

    This week's case round-up from Eversheds, covering constructive dismissal.

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  Bent and others v Central Manchester University Hospitals NHS Foundation Trust ET/2400833/11 and others (1 report relating to this case)

  • NHS trust's decision to withhold pay increment for staff who pass sickness absence trigger ruled unlawful

    Date:

    10 May 2012

    In this test case, the employment tribunal found that an NHS trust had unlawfully amended its pay progression policy to provide that staff would be denied a pay rise if their sickness absence reached a certain level.

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  Bestuur van het Algemeen Burgerlijk Pensioenfonds v Beune [1995] IRLR 103 ECJ (1 report relating to this case)

  • 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.