A recent Scottish case, Hoyland -v- Asda Stores plc, raised an interesting sex discrimination point.

Ms Hoyland worked as a part-time customer services and events co-ordinator at Asda's Dumbarton store. She was away from work on maternity leave between June and December 2002 and during that period she received payment under Asda's maternity pay scheme.

During 2002, Asda operated a bonus scheme the aim of which was to reward employees for their work and continued contribution to the financial performance of the business during the calendar year.

Bonus payments were reduced pro-rata for part-time employees and where the employee had been absent for more than eight consecutive weeks during the year.

When payment day arrived full-time employees at the Dumbarton store received bonuses of £300 each. Ms Hoyland expected to receive £190; the pro-rata figure calculated with regard to her part time hours. When she got only £94 - because her absence on maternity leave had been taken into account - she was far from happy and brought a claim of sex discrimination in the tribunal.

The Employment Appeal Tribunal refused to uphold the claim.

It reviewed recent relevant decisions of the European Court of Justice and concluded that an employee who takes maternity leave during a bonus year must be paid bonus in respect of the periods when she is at work and also in respect of the fortnight of compulsory maternity leave set out in the Pregnant Workers' Directive.

That period aside there was nothing objectionable or discriminatory in Asda making a pro-rata reduction in bonus to reflect Ms. Hoyland's absence.

The tribunal noted that the position may have been different had the bonus been calculated on individual performance rather than on attendance.

The decision demonstrates a common-sense and fair approach of the courts toward maternity rights. It is good news for employers.

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 26/04/2005