Pay and benefits

New and updated

• Date:

  1 May 1997

  Type:

  Employment law cases

  Adin v Sedco Forex International Resources Ltd

  In Adin v Sedco Forex International Resources Ltd [1997] IRLR 280 CS, the Court of Session held that if an employer provides sickness benefits it will be a breach of contract to dismiss an employee on grounds of ill health while he or she has sickness benefit outstanding.

• Date:

  1 October 1996

  Type:

  Employment law cases

  Deductions from wages: Individual notification of term authorising deductions required

  The posting in a factory of a notice which stated that accrued holiday pay would not be given to employees dismissed for gross misconduct did not amount to the requisite written notification to the workers of a contractual term authorising a deduction from their wages, holds the EAT in (1) Kerr v The Sweater Shop (Scotland) Ltd (2) The Sweater Shop (Scotland) Ltd v Park.

• Date:

  1 October 1996

  Type:

  Employment law cases

  Deductions from wages: Employer entitled to vary collectively-agreed bonus scheme

  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.

• Date:

  1 December 1994

  Type:

  Employment law cases

  ECJ rules on pension discrimination

  The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

• Date:

  1 June 1994

  Type:

  Employment law cases

  PRP scheme lacked transparency

  An assessment process for performance-related pay purposes, which led to a woman being paid £780 a year less than men on like work, suffered from confusion, double counting and an absence of transparency, rules a Norwich industrial tribunal (Chair: D R Crome) in Latham v Eastern Counties Newspapers Ltd.

• Date:

  15 November 1993

  Type:

  Employment law cases

  Wages Act: Tribunal must decide contractual entitlement

  Where employees argue that they have not received the full pay to which they are entitled and that this amounts to an unlawful deduction under the Wages Act, the industrial tribunal must first determine any dispute about what wages are properly payable under the contract, the EAT confirms in Yemm and others v British Steel plc.

• Date:

  1 July 1993

  Type:

  Employment law cases

  Discount Tobacco & Confectionery Ltd v Williamson

  In Discount Tobacco & Confectionery Ltd v Williamson [1993] IRLR 327 EAT, the EAT upheld an employment tribunal's decision that in order for a deduction to be lawful, it is not sufficient that the employee gives written consent before the deduction is made. The employee's written agreement must have been given before the conduct or event giving rise to the deduction.

• Date:

  1 January 1993

  Type:

  Employment law cases

  Fairfield Ltd v Skinner

  In Fairfield Ltd v Skinner [1993] IRLR 4 EAT, the EAT held that there must be justification for making a deduction from wages, even when authority has been given in the contract.

• Date:

  1 January 1993

  Type:

  Employment law cases

  Pepper (HM Inspector of Taxes) v Hart and others

  In Pepper (HM Inspector of Taxes) v Hart and others [1993] IRLR 33 HL, the House of Lords held that in-house benefits, and particularly concessionary school fees for teachers' children, should be assessed for tax on the basis of the additional or marginal cost to the employer of providing the benefit.

• Date:

  15 March 1992

  Type:

  Employment law cases

  Wages Act: Agreement did not authorise deduction of training costs

  An agreement under which an employee was liable to repay a proportion of a training course fee to his employer if his employment terminated within a certain period did not specifically authorise repayment by way of a deduction from wages, holds the EAT in Potter v Hunt Contracts Ltd.