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Pay and benefits

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  • Type:
    Contract clauses

    Relocation expenses contract clause

    A model contract clause setting out terms relating to the recovery of relocation expenses where an employee is required by their employer to move closer to their workplace.. This clause allows an organisation to reclaim relocation expenses if an employee's employment is terminated within a certain period.

  • Type:
    FAQs

    Is it ever permissible for an employer to withhold bonus payments?

  • Date:
    1 March 2004
    Type:
    Employment law cases

    Agency worker is entitled to membership of pension scheme

    In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.

  • Date:
    20 February 2004
    Type:
    Employment law cases

    Contracts of employment: Employee bound by onerous contractual term

    In Peninsula Business Services Ltd v Sweeney the EAT holds that a sales executive's contract of employment incorporated the rules governing the employer's commission scheme, which specified that no payments of commission would be made if the employee was no longer in the employment at the date the commission would have been payable. Those rules were clearly set out in a written document that was specifically referred to as forming part of the contract, and which had been signed by the employee.

  • Date:
    1 January 2004
    Type:
    Employment law cases

    Martin and others v South Bank University

    In Martin and others v South Bank University [2004] IRLR 74 ECJ, the European Court of Justice held that early retirement benefits should be paid for by a new employer after a transfer of undertakings.

  • Date:
    31 December 2003
    Type:
    Employment law cases

    Hepworth Heating Ltd v Akers and others

    In Hepworth Heating Ltd v Akers and others [2003] All ER (D) 33 (Jul) EAT, the Employment Appeal Tribunal held that the employer had not used an unlawful act to compel acceptance of a cashless pay system. The employees might have been unhappy with the new terms, but there had been no duress.

  • Date:
    7 November 2003
    Type:
    Employment law cases

    Employer's liability: Extent of employer's duty to take reasonable steps to inform employee of contractual term

    In Ibekwe v London General Transport Services Ltd, the Court of Appeal holds that an employee's claim for damages for loss, resulting from his employer's alleged failure to inform him of his option to transfer accrued pension benefits to a new pension scheme, could not succeed.

  • Date:
    20 June 2003
    Type:
    Employment law cases

    Contracts of employment: Employer was under freestanding contractual obligation to make disability payments

    In Pioneer Technology (UK) Ltd v Jowitt, the Court of Appeal holds that a contractual clause that, independently of the employer's insurance policy, provided for long-term disability payments to be made to employees no longer able to work due to illness or injury, amounted to a freestanding obligation on the employer to provide such payments to a qualifying employee in circumstances where cover was excluded by the insurance policy.

  • Date:
    9 May 2003
    Type:
    Employment law cases

    Holiday pay: Holiday pay calculation based on basic pay without commission

    In Evans v Malley Organisation Ltd t/a First Business Support the Court of Appeal holds that an employee who was paid a basic salary, plus commission which depended on contracts he won for his employer, was entitled, on termination of his employment, to accrued statutory holiday pay calculated by reference to his basic pay alone, and not his average pay including commission.

  • Date:
    21 March 2003
    Type:
    Employment law cases

    National minimum wage: National minimum wage payable for all "nightwatchman's" hours

    In Scottbridge Construction Ltd v Wright the Court of Session upholds the EAT's decision that a "nightwatchman" who was required to be on his employer's premises for 14 hours each night was entitled to be paid the national minimum wage in respect of all those hours, even though, while required to respond to an alarm at any time, he only had to undertake specific tasks that took around four hours a night, and was permitted to sleep if he chose to when not carrying out those tasks.

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HR and legal information and guidance relating to pay and benefits.