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Withholding discretionary bonuses

United Kingdom - November 12 2010 In Humphreys v Norilsk Nickel International (UK) Ltd, the High Court has held that an employer did not act irrationally in determining that no bonus was due under a discretionary performance bonus scheme....

Neil Maclean.

Interrupted rest breaks are not "on-call time" requiring payment

United Kingdom - November 12 2010 In the case of Martin v Southern Health & Social Care Trust, the Northern Ireland Court of Appeal (NICA) ruled that, although a nurse's rest breaks during night shift were often interrupted due to medical emergencies or other more mundane administrative matters, this did not mean that those rest breaks amounted to "on-call time" for which she was entitled to be paid....

Neil Maclean.

What constitutes a valid settlement through ACAS?

United Kingdom - November 11 2010 The EAT has handed down its decision in Allma Construction v Bonner, confirming that, in deciding whether a valid settlement has been concluded through ACAS, it is irrelevant whether the ACAS officer believes that a settlement has been reached or whether a written agreement has actually been documented....

Neil Maclean.

ECJ gives clues on how to justify a retirement age

United Kingdom, European Union - November 11 2010 The ECJ has given an important ruling in the case of Rosenblatt v Oellerking, which will be of interest to UK employers who wish to retain a compulsory retirement age after the abolition of the default retirement age on 1 October 2011....

Neil Maclean.

Coalition Government will review TUPE obligations for the voluntary sector

United Kingdom - November 11 2010 The Coalition Government has promised to review the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) on charities, as part of its plans to cut red tape in the voluntary sector....

Neil Maclean.