Bonus during pregnancy leave

Case 3: The facts

When Elidh Hoyland's bonus was reduced to reflect the time that she was off work on maternity leave, she brought a sex discrimination claim.

The ruling

The Employment Appeal Tribunal (EAT) noted that the bonus was designed to reward attendance and was paid in recognition of work undertaken by employees.

Although a female employee is entitled to maintain most of her terms and conditions during maternity leave and to return to work on the same conditions as if she had not been absent, the protection does not extend to terms and conditions relating to remuneration.

The EAT held that the employer was entitled to reduce Hoyland's bonus on a pro-rata basis to take account of her absence on maternity leave, although they would have to pay the bonus for the two weeks of compulsory leave that she took.

Hoyland v Asda Stores EATS/0058/04