Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Case law

Withholding bonus was discriminatory

by Personnel Today 24 Oct 2000
by Personnel Today 24 Oct 2000

Gus Home Shopping v Green and McLaughlin, unreported, September 2000, EAT

GHS introduced a discretionary loyalty bonus scheme when it moved its marketing department from Worcester to Manchester. Payment was conditional on the orderly transfer of the department, employees’ cooperation and the employee remaining in employment until an agreed date. McLaughlin was on maternity leave at the time of the transfer and received no payment. Green was on pregnancy-related sick leave and received a reduced payment. Both brought successful sex discrimination claims.

On appeal, the EAT considered whether the bonus scheme formed part of the employment contract and whether the women were entitled to payment. It held that the bonus scheme was "intimately linked" to the contract because employees were required to comply with their contractual terms and show goodwill during the transfer. Further, their absences were pregnancy-related and GHS had failed to recognise the special status given to female employees in those circumstances. Withholding the bonus constituted direct sex discrimination.


Suspension was unreasonable


Gogay v Hertfordshire County Council, October 2000, IRLR,

Court of Appeal

L was a resident at the children’s home where Gogay worked. She developed an obsession with Gogay and during a therapy session made remarks about her which caused the council to suspend Gogay pending an investigation. Gogay was reinstated after the investigation concluded no abuse had occurred.

By then, Gogay was suffering from reactive depression and unable to return to work. She claimed damages for loss of earnings and personal injury. The High Court held that the council breached the implied term of trust and confidence because it had no reasonable grounds for suspension and had failed to carry out a proper investigation before doing so. It awarded Gogay £26,000, including £5,000 for private psychotherapy.

The council unsuccessfully appealed and Gogay successfully cross-appealed, arguing damages should be increased because, pending the appeal, no damages had been paid, no psychotherapy commenced and her return to work delayed. The Court of Appeal held there were no reasonable grounds for suspending Gogay and alternatives such as a transfer to other work or arranging a period of leave should have been considered. It awarded Gogay an additional £13,000.

Avatar
Personnel Today

previous post
Sexual discrimination can now apply to gays
next post
Technology for the busy HR professional

You may also like

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

Frewer v Google: How it’s getting harder to...

30 May 2022

School discriminated against Christian caretaker who tweeted against...

3 May 2022

Philosophical belief: barrister’s tribunal claim against Stonewall begins

26 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

Trade union detriment: action short of dismissal is...

25 Mar 2022

Rail inspector with ‘shy bladder syndrome’ wins £90,000...

16 Mar 2022

Pimlico Plumbers holiday pay ruling: four steps for...

9 Mar 2022

EAT hears appeal of Christian sacked for LGBT...

28 Feb 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+