In Lewen v Denda the European Court of Justice has ruled that whether an employee on parental leave is entitled under Article 119 of the EC Treaty (now Article 141) to a Christmas bonus depends on whether it is properly seen as pay for work performed or whether it is to encourage those in active employment to work hard in forthcoming months.
In Kruger v Kreiskrankenhaus Ebersberg the European Court of Justice has ruled that a collective agreement which excluded employees working less than 15 hours from bonus payments is indirectly discriminatory.
In Abdoulaye and others v Regie Nationale des Usines Renault SA the European Court of Justice has ruled that a maternity bonus to women did not discriminate against men so as to contravene Article 119 of the EC Treaty.
In Levett v Biotrace International plc, the Court of Appeal holds that, because a company had terminated a share option holder's employment in breach of contract, the company could not rely on that wrongful dismissal to say that the share option had lapsed pursuant to a rule of its share option scheme.
There was no transfer to which the Transfer of Undertakings Regulations applied when an industrial and provident society took over the management of local authority care homes by, in effect, acquiring the shares of the company that ran the homes and employed the staff who worked in them, holds the EAT in Brookes and others v Borough Care Services and CLS Care Services Ltd.
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.
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.
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.
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.
HR and legal information and guidance relating to employee incentives.