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Unauthorised deductions from pay

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  • Date:
    7 March 2012
    Type:
    Employment law cases

    TUPE transferee unlawfully removed sick pay and reduced holiday entitlement one year after transfer

    The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.

  • Date:
    1 September 2011
    Type:
    Employment law cases

    Case round-up

    Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    4 May 2011
    Type:
    Employment law cases

    Non-contractual handbook's enhanced sick pay provisions were incorporated into contract

    This case is a good example of how the terms of a staff handbook that is stated to be non-contractual can still be incorporated into an employee's contract of employment.

  • Date:
    23 February 2011
    Type:
    Employment law cases

    Managing director awarded almost £149,000 for payments not made

    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.

  • Date:
    27 January 2011
    Type:
    Employment law cases

    Discretionary honorarium did not become contractual

    This case concerned a common dispute at employment tribunals: whether or not a discretionary payment had become a contractual entitlement.

  • Date:
    26 August 2009
    Type:
    Employment law cases

    Holiday pay: Unpaid holiday pay can be claimed as unlawful deductions from wages

    In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others [2009] 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.

  • Date:
    27 April 2009
    Type:
    Employment law cases

    Contracts of employment: Tribunal erred in not determining to which aspect of a bonus scheme the employer's discretion attached

    In Small and others v Boots Co and another [2009] 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.

  • Date:
    19 January 2009
    Type:
    Employment law cases

    Lucy and others v British Airways plc

    The Employment Appeal Tribunal has held that an employment tribunal did not have jurisdiction to hear claims against British Airways for non-payment of flying allowances to cabin crew who had not been able to fly because of an airport closure.

  • Date:
    27 February 2008
    Type:
    Employment law cases

    TUPE case law update

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Date:
    12 December 2007
    Type:
    Employment law cases

    Cooper and others v Isle of Wight College

    The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.

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