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29 January 2015
Issue: 7638 / Categories: Legal News
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Compensation excludes dividends

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
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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