Pay and benefits

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Author: Lesley J Howe, partner, Mall & Co; Stephen Brodie, partner, Brabners Chaffe Street
Resource type: ELA Briefing
Guidelines on Compensation for Loss of Pension Rights were issued last year, replacing the 1991 guidelines that many observers considered to be out of date. Lesley Howe and Stephen Brodie report
Author: Diana Reid, Herbert Smith
Resource type: ELA Briefing
Extended sickness absence can be a tortuous and confusing process for employer and employee alike. Finding a way through what is often a muddle of conflicting or inconclusive medical evidence and disputed facts, can be frustrating for both, but for the employer there is also the attendant risk of potential unfair dismissal and disability discrimination liability.
Author: Clive Howard, Russell, Jones & Walker
Resource type: ELA Briefing
The difficulty of challenging a discretionary bonus as being irrational or perverse - the test set out in Clark v Nomura [2000] IRLR 766 - has been shown in Kennedy v Dresdner Kleinwort Wasserstein (2004 EWHC 1103).
Author: Jane Moorman and Emma Slark, Masons
Resource type: ELA Briefing
Holiday pay is becoming the new TUPE in terms of the difficulty it is posing to employers and the frequency with which this subject is addressed by tribunals. The Employment Appeal Tribunal recently held in Canada Life v Gray and Farrar EAT 0657/03
Author: Jill Kelly, partner, Clarks Solicitors
Resource type: ELA Briefing
New regulations are being finalised to bring in fair piece rates for output workers under the National Minimum Wage Act. This replaces the system of fair estimate agreements where employers set an estimate of the amount of time needed to complete each block of work.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
And still more figures… The increase in the minimum wage on 1 October to £4.50 for those aged 22 and above and to £3.80 for those aged 18-21 coincides with the publication of the National Minimum Wage Report 2002/2003. It is a self-congratulatory document, but perhaps deservedly so, when one considers the short time in which the minimum wage has become a settled feature of employment with a high level of awareness.
Author: Henry Clinton-Davis, head of the employment and HR team at Hale & Dorr, solicitors
Resource type: ELA Briefing
For a number of years UK employers have been facing conflicting court decisions as to whether it is lawful for them to roll up holiday pay into their workers’ pay packets, rather than paying holiday pay at the time the workers actually take their vacation
Author: James Baker, Macfarlanes
Resource type: ELA Briefing
Permanent health insurance policies are a common feature of employment benefit packages. But how many employees or employers read the small print of their policies, and know what is or is not covered? There has been a slow but steady stream of cases in which the courts have considered whether or not employees are entitled to be compensated for the loss of benefits under their policies.
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
Anyone who has had the unenviable task of seeking to calculate pension loss as part of an unfair dismissal compensatory award will probably have sought relief in the booklet produced in 1991 by a committee of tribunal chairmen.
Author: James Baker, MacFarlanes
Resource type: ELA Briefing
In Scotts Company (UK) Ltd v Mr J Budd (19 September 2002) EAT 823/01 the Employment Appeals Tribunal considered, for the first time, the interpretation of ss.87 and 88 Employment Rights Act 1996 (ERA). James Baker reports
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