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Pay and benefits

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  • Date:
    1 February 2000
    Type:
    Employment law cases

    Normal working hours: No obligation to provide non-contractual overtime

    Employees whose contractual working hours were 39 hours per week but who, in practice, were required to work six hours' overtime made available to them to the extent of 45 hours per week were not guaranteed that overtime, so holds the EAT in Spence and others v City of Sunderland Council.

  • Date:
    1 November 1999
    Type:
    Employment law cases

    Construction of contract: PHI cover did not cease when employee left service

    A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.

  • Date:
    15 January 1999
    Type:
    Employment law cases

    Transfer of undertakings: Regulations do not apply to share transfers

    There was no transfer to which the Transfer of Undertakings Regulations applied when an industrial and provident society took over the management of local authority care homes by, in effect, acquiring the shares of the company that ran the homes and employed the staff who worked in them, holds the EAT in Brookes and others v Borough Care Services and CLS Care Services Ltd.

  • Date:
    31 December 1998
    Type:
    Employment law cases

    Midland Bank plc v McCann

    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.

  • Date:
    1 September 1998
    Type:
    Employment law cases

    Tribunal procedure: Settlement of unfair dismissal complaint did not bar unpaid wages claim

    A compromise to settle an employee's claim for compensation for unfair dismissal, reached during the employment tribunal proceedings and recorded by the tribunal in a document headed "Decision of the [employment] tribunal", did not prevent the employee from subsequently bringing proceedings in the county court for unpaid wages, holds the Court of Appeal in Dattani v Trio Supermarkets Ltd.

  • Date:
    15 August 1998
    Type:
    Employment law cases

    Deductions from wages: Advance commission set off against unlawful deduction

    In Robertson v Blackstone Franks Investment Management Ltd, the Court of Appeal holds that an investment consultant suffered unlawful deductions from his wages when commission earned in respect of work done before his contract was terminated, but payable after termination, was not paid.

  • Date:
    15 August 1998
    Type:
    Employment law cases

    Deductions from wages: Wage reduction on shift reorganisation not unlawful

    An employment tribunal was wrong to hold that an employee suffered an unlawful deduction from wages when he was required to transfer from night-shift working to day shifts and received lower pay as a result, holds the EAT in Hussman Manufacturing Ltd v Weir.

  • 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.

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