This week's case of the week, provided by DLA Piper, covers changes to terms and conditions.
An industrial tribunal in Northern Ireland has awarded a managing director almost £149,000, which included an unusually large award for unlawful deductions from wages of £112,000.
This case concerned a common dispute at employment tribunals: whether or not a discretionary payment had become a contractual entitlement.
This case serves as a reminder of the importance of pay in an employment relationship, and the danger to employers should they neglect that fact.
Insurance group Aviva has a strong commitment to corporate responsibility (CR), and uses a range of reward initiatives to encourage and enable employees to play their part in putting it into practice.
In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others  IRLR 677 HL, the House of Lords held that a claim for unpaid holiday due under the Working Time Regulations 1998 can be brought as an unlawful deductions from wages claim under ss.13 and 23 of the Employment Rights Act 1996.
The House of Lords has held that workers, including those on long-term sick leave who have a claim for unpaid annual leave under the Working Time Regulations 1998 (SI 1998/1833), are entitled to bring claims before an employment tribunal not only under the Working Time Regulations 1998, but also under s.13 of the Employment Rights Act 1996, which gives workers the right not to have unlawful deductions made from their wages.
In Small and others v Boots Co and another  All ER (D) 200 (Jan) EAT, the EAT held that the fact that the employer had stated that a bonus was discretionary did not necessarily mean that it had no contractual effect. The employer's discretion could relate to: whether or not to operate a bonus system at all; whether or not to award a bonus in a given year; or the amount of bonus to be awarded.
HR and legal information and guidance relating to tax and deductions from pay.