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.
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.
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.
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.