The EAT has held that employers are entitled to make pro-rata reductions in
staff bonuses to reflect such periods when a woman is absent on work due to
maternity leave. This decision, laid down in Hoyland v Asda Stores, confirms
ECJ jurisprudence on the subject.

As a result, a woman who is off work for 26 weeks on maternity leave is barred
from claiming sex discrimination in the event that her annual bonus is reduced
by 24/52. (The reduction cannot take into account the two week period of compulsory
maternity leave). The pro-rata reduction would not, however, be appropriate
in all circumstances, for example where the bonus relates to individual performance
or targets.

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