header-logo header-logo

Compensation excludes dividends

29 January 2015
Issue: 7638 / Categories: Legal News
printer mail-detail

Company directors who save on tax by accepting a modest salary and remuneration by dividend could be in for a nasty shock if they ever come to claim compensation.

A company director had his compensation capped to £9,254 annual earnings with dividend income entirely excluded from consideration, in a landmark decision at Manchester Employment Tribunal. If the income from the dividend had been included, he would have been awarded £74,000 in compensation.

In Sheridan v GTECH Solutions Ltd, the tribunal refused to acknowledge the dividend of the director/shareholder. Instead, it calculated a cap of one year’s earning, in line with s 124(1ZA) of the Employment Rights Act 1996, by reference only to the claimants PAYE salary of £756 per month.

Ian Procter, solicitor advocate and partner at Green Solicitors, who represented the employer respondent, says: “This is a landmark decision and although coming at first instance will be very persuasive to other tribunals due to its careful consideration of the law and extensive and detailed judgment.

“It is thought to be the first time this issue has been raised before an employment tribunal following the introduction of the cap recently and the tribunal accepted my submission, that ‘for the purpose of calculating the statutory cap earnings did not include dividends but only PAYE earnings, as only they were contractually due under the contract of employment. Further a dividend arises as a result of an individual’s status as shareholder and is not payable by the company as of right or as a result of employment’.”

Issue: 7638 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll