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24-02-2015

An employer’s bonus scheme which automatically excludes persons with sickness absence warnings from the payment of a bonus will be discriminatory where...

  1. the absences arose as a consequence of disability, and
  2. the way in which the scheme operates cannot be shown to be a proportionate means of achieving a legitimate aim.

It does not matter that a warning relating to the absences might have been received, which was entirely legitimate.

See EAT: Land Registry v Houghton and others.

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This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.

TESTIMONIALS

Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

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