Payment of performance based bonuses - How do we stand for those employees off on maternity leave during the year ? Also can we pro-rata an employee off on sick leave?

Posted in : First Tuesday Q&A NI on 5 February 2013
Emma-Jane Flannery
Arthur Cox

A performance related bonus can measure “performance” in many different ways, for example, on the employer’s performance as a whole, the individual’s/team’s performance against certain criteria or on the employee’s attendance record.


(a) Maternity

Where a contractual bonus is paid in recognition of the performance of the business as a whole, and on an individual’s attendance record, the GB Employment Appeal Tribunal (EAT) decision in Hoyland v Asda Stores Ltd (2005) states that such bonuses can be pro-rated to reflect the time actually worked by an employee off on maternity leave. In the

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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