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 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.
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.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.