Remuneration in UK Law

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Leading Cases
  • Hochstrasser (Inspector of Taxes) v Mayes
    • House of Lords
    • 30 November 1959

    It is contained in the statutory requirement that the payment, if it is to be the subject of assessment, must arise "from" the office or employment. For my part I think that their meaning is adequately conveyed by saying that, while it is not sufficient to render a payment assessable that an employee would not have received it unless he had been an employee, it is assessable if it has been paid to him in return for acting as or being an employee.

  • Lavarack v Woods of Colchester Ltd
    • Court of Appeal
    • 19 July 1966

    I know of no principle upon which he can claim as damages for breach of one service agreement compensation for remuneration which might have become due under some imaginary future agreement which the plaintiffs did not make with him but might have done if they wished.

  • Parry v Cleaver
    • House of Lords
    • 05 February 1969

    It is generally recognised that pensionable employment is more valuable to a man than the mere amount of his weekly wage. It is more valuable because by reason of the terms of his employment money is being regularly set aside to swell his ultimate pension rights whether on retirement or on disablement. The products of the sums paid into the pension fund are in fact delayed remuneration for his current work.

  • Cantor Fitzgerald International v Callaghan
    • Court of Appeal (Civil Division)
    • 21 January 1999

    In my judgment the question whether non payment of agreed wages, or interference by an employer with a salary package, is or is not fundamental to the continued existence of a contract of employment, depends on the critical distinction to be drawn between an employer's failure to pay, or delay in paying, agreed remuneration, and his deliberate refusal to do so.

  • McLaughlin v Governor of the Cayman Islands
    • Privy Council
    • 23 July 2007

    It is a settled principle of law that if a public authority purports to dismiss the holder of a public office in excess of its powers, or in breach of natural justice, or unlawfully (categories which overlap), the dismissal is, as between the public authority and the office-holder, null, void and without legal effect, at any rate once a court of competent jurisdiction so declares or orders.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 August 1985

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

  • Shields v E. Coomes (Holdings) Ltd
    • Court of Appeal (Civil Division)
    • 27 April 1978

    work or for work to which equal value is attributed, the elimination of all discrimination on grounds of sex with regard to all aspects and conditions of remuneration. In particular, when a job classification system is used for determining pay, it must be based on the same criteria for both men and women, and so drawn up as to exclude any discrimination of the ground of sex."

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Legislation
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Books & Journal Articles
  • Posted workers remuneration
    • No. 24-1, February 2017
    • Maastricht Journal of European and Comparative Law
    Few national laws or collective agreements provide specific rules determining the elements of the minimum rates of pay due to posted workers. As a consequence, there is confusion between the neighb...
  • Chief Executive Pay and Remuneration Committee Independence*
    • No. 74-4, August 2012
    • Oxford Bulletin of Economics and Statistics
    This article tests the impact of remuneration committee independence on Chief Executive (CEO) pay. FTSE350 companies between 1996 and 2008 are used to assess whether remuneration committees facilit...
  • Executive remuneration: the power and dominance of human greed
    • No. 26-4, October 2019
    • Journal of Financial Crime
    • 978-992
    Purpose: The paper aims to examine the role of human greed in the determination of executive remuneration in the UK. Design/methodology/approach: The paper reviews the past and existing regulation...
  • Monitoring directors' remuneration, fat cat packages and perks of office
    • No. 19-1, December 2011
    • Journal of Financial Crime
    • 6-19
    Purpose: This paper revisits existing regulatory approaches in tackling the practices of bogus and extravagant company directors' remuneration packages, often called “fat cat packages” which erode ...
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Law Firm Commentaries
  • Remuneration
    • JD Supra United Kingdom
    Regulators focus on remuneration as being one of the causal factors of poor behaviour. However, to drive actual behavioural change means not only changing the basis for financial incentives, but un...
  • AIFM Remuneration Code Guidance
    • JD Supra United Kingdom
    Summary - The UK’s Financial Conduct Authority (“FCA”) has published draft guidance on the application of rules on remuneration (the “AIFMD Remuneration Rules”) to FCA-authorized firms, once...
  • Employee Remuneration
    • Mondaq United Kingdom
  • Disguised Remuneration
    • Mondaq United Kingdom
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Forms
  • Apply for 'bolt-on' payments and advocate's bundle payments
    • HM Courts & Tribunals Service court and tribunal forms
    Court Costs form EX80A to issue a legal aid assessment certificate.
    ... ... I certify that the above times are correct and that the ... bolt-ons are claimable in accordance with the Civil Legal ... Aid (Remuneration) Regulations 2013 and section 7 of ... the 2013 Standard Civil Contract ... Representation of a client who is facing allegations ... that they have ... ...
  • Common form of order for sale
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... next public auction][between         (date) and          (date)] [subject to a reserve price of £      ] [the remuneration of the auctioneers to be at the rate of      %] ... ()   the reserve price be fixed and auctioneers appointed by agreement between the ... ...
  • Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the county or High Court
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... shown, including the basis upon which ... they are paid ... Details and value of any benefits in kind, ... perks or other remuneration received ... from this employer in the last year (e.g ... provision of a car, payment of travel, ... accommodation, meal expenses, etc.) ... Your ... ...
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