US condemns Syria violence

first_img whatsapp Tags: NULL whatsapp KCS-content US condemns Syria violence More From Our Partners Native American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgLA news reporter doesn’t seem to recognize actor Mark Currythegrio.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgKansas coach fired for using N-word toward Black playerthegrio.comFans call out hypocrisy as Tebow returns to NFL while Kaepernick is still outthegrio.comFort Bragg soldier accused of killing another servicewoman over exthegrio.comKamala Harris keeps list of reporters who don’t ‘understand’ her: reportnypost.comMan on bail for murder arrested after pet tiger escapes Houston homethegrio.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comColin Kaepernick to publish book on abolishing the policethegrio.comFlorida woman allegedly crashes children’s birthday party, rapes teennypost.comPorsha Williams engaged to ex-husband of ‘RHOA’ co-star Falynn Guobadiathegrio.comKiller drone ‘hunted down a human target’ without being told tonypost.comInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comcenter_img by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastMoneyPailShe Was Famous, Now She Works In {State}MoneyPailSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesLuxury SUVs | Search AdsThese Cars Are So Loaded It’s Hard to Believe They’re So CheapLuxury SUVs | Search AdsDrivepedia20 Of The Most Underrated Vintage CarsDrivepediaBetterBeDrones Capture Images No One Was Suppose to SeeBetterBeautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.comSenior Living | Search AdsNew Senior Apartments Coming Nearby Scottsdale (Take a Look at The Prices)Senior Living | Search AdsElite HeraldExperts Discover Girl Born From Two Different SpeciesElite Herald Monday 25 April 2011 11:59 pm Show Comments ▼ SYRIAN troops and tanks poured into protester hotspot Deraa yesterday as autocratic President Bashar al-Assad attempted to crush resistance in the city where an uprising began a month ago.At least 18 people were killed, causing the White House to condemn the use of violence and threaten to impose “targeted sanctions”.Security forces have killed more than 350 civilians across Syria since unrest broke out in Deraa, with a third of the victims killed in the past three days.Meanwhile, at least two Nato bombs hit Gaddafi’s Tripoli headquarters last night, with the alliance appearing to escalate its campaign in the country. Fighting continued to rage between rebels and pro-government forces in the besieged Libyan city of Misrata.Forces loyal to Gaddafi said they were pulling back from Misrata last week to hand over to local tribal forces. But fighting has continued in a two-month-old siege that has killed hundreds of civilians and made the city into a symbol of resistance to Gaddafi.Clashes between protesters government forces in Yemen also killed two people and injured dozens more as a fresh wave of violence broke out. Sharelast_img read more

Hamburg files complaints against trio of igaming operators

first_img Regions: Europe Central and Eastern Europe Germany 24th June 2020 | By contenteditor Casino & games Topics: Casino & games Legal & compliance The Hamburg Ministry of the Interior and Sport has filed complaints against a trio of online gambling operators, which it claims have violated the prohibition on online gaming in the country. AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter Tags: Mobile Online Gambling Hamburg files complaints against trio of igaming operators The Hamburg Ministry of the Interior and Sport has filed complaints against a trio of online gambling operators, which it claims have violated the prohibition on online gaming in the country.The case is now with the Hamburg Public Prosecutor, which will be tasked with making a decision whether to pursue it.While the Ministry would not confirm the companies named in the complaint, local media has reported that GVC’s bwin, Tipico and Bet3000 are the operators in question. The trio have been accused of illegally offering online casino and sports betting to players in the country.GVC dismissed the filing, declaring that it has “no merit or legal standing”.“[Bwin] operates legally throughout Germany under EU law,” the operator told iGB. “We expect the filing to be dismissed after a standard review process.”Tipico, meanwhile, said that it was unwilling to comment on alleged filings or injunctions as a matter of principle. However, it said it maintained its position that the online casino prohibition included in the third amended State Treaty on Gambling violated European Union law.It pointed out that state lawmakers appeared to now subscribe to this view, having approved the fourth State Treaty, the Glücksspielneuregulierungstaatsvertrag (GlüNeuRStV) in March this year, and notified it to the European Commission in May.“We have always stressed that we welcome the agreement from the beginning of 2020 reached by the 16 federal states on the regulation of the growing German gaming market and hope that the open questions can now be resolved quickly,” a spokesperson for the operator said.Each provider has been active in Germany for a number of years, both as an operator and as a partner of the country’s football clubs. Tipico, for example, is a partner of Bayern Munich, while bwin is a sponsor of Borussia Dortmund. Malta-based Bet3000 serves as shirt sponsor of Munich’s other professional team, 1860 Munich.Hamburg has long been an opponent of opening up the German gambling market to private operators.Earlier this week, Renatus Zilles, chair of German media association Deutscher Verband für Telekommunikation und Medien accused Hamburg, and other states such as Niedersachsen, Bremen, Brandenburg and Mecklenburg-Vorpommern of illegally hindering the country’s igaming market.Zilles said lawmakers in these states were using barely legal means to disrupt operators’ businesses, preventing companies from preparing for the roll-out of regulated igaming.“We can no longer afford this permanent blockade, because it only helps illegal operators from Asia and the Caribbean, who are not interested in protecting children, consumer protection or addiction prevention and also pay no taxes,” Zilles said. “That cannot be the intention of politicians.”The Hamburg Ministry’s move comes against a backdrop of other states looking increasingly likely to move towards allowing online casino to be offered until the GlüNeuRStV comes into force.The third State Treaty was due to come into effect from January this year until 30 June 2021, limiting the market to sports betting. However, the licensing process has been brought to a halt by a legal challenge from Austrian bookmaker Vierklee.It successfully argued that the process disproportionately favoured market incumbents, and that there was a lack of transparency for new applicants. While the body responsible for licensing, Hesse’s Regional Council of Darmstadt, announced that it would appeal, and continue processing applications, it is unable to certify any business until the court process concludes.The Council also issued its first blocking orders earlier this year, which again resulted in a legal challenge from an operator. In this case, the company in question argued that an injunction was a disproportionate punishment, considering the products it was being blocked from offering were due to become legal in 2021.Proceedings were ultimately suspended, with both parties to negotiate a transitional framework for online casino. During this suspension the Council has agreed not to take any enforcement action against the operator.A similar case in Baden-Württemburg ultimately concluded with proceedings being suspended rather than a final decision being reached. While this in theory only applies to the operators involved in the case, legal sources argue it sets a precedent for a wider toleration of casino gaming.Leading German gambling lawyer Wulf Hambach told iGB that it was noteworthy that the Hesse Administrative Court did not support the stance taken in a German federal court ruling in a case involving 888 Holdings.That ruling, in April 2018, saw the Federal Administrative Court decide that the prohibition of online casino was justified and permitted under EU law. Hambach said that more state authorities were likely to follow Hesse and Baden-Württemberg’s lead. Email Address Subscribe to the iGaming newsletterlast_img read more

Consistency is key for referees at the 2015 World Cup

first_imgIRB Match Official Manager Joel Jutge explains how he plans to achieve refereeing consistency at next year’s World Cup in England Video replay: this Owen Farrell try in the Premiership final was later ruled out after a TMO interventionRW: Are you involved in making changes to the TMO’s remit eg, the intervention on the Owen Farrell try in the Premiership final?JJ: Well, IRB Rugby Committee is involved, indirectly. Ultimately, domestic leagues such as Premiership Rugby implement their own TMO protocols but of course it’s within a framework of existing IRB laws and guidelines. Any change in laws or guidelines is made with complete consultation of the Law Review Group and the Rugby Committee.My role is to provide the perspective of the match officials to the debate but Rugby Committee has to consider a number of other perspectives as well before recommending a particular set of TMO protocols. We maintain a good working relationship with our unions and their domestic leagues. For example, Premiership Rugby has been to the fore in trialling TMO protocols and various other initiatives over the years. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS For more from this interview with Jutge, see the September 2014 issue of Rugby World – on sale on Tuesday 5 August.center_img RUGBY WORLD interviewed IRB Match Official Manager Joel Jutge, the former Test referee, about his role and his plans for the 2015 World Cup…RW: What will your role involve as you prepare for RWC 2015?  JJ: Most of what we are doing at the moment is geared towards RWC 2015. We want to ensure that we have the best possible panel of match officials ready for the next World Cup. To achieve this requires a combination of good training, performance review (particularly self-review by referees themselves), consistency in the application of law at international level and, of course, astute selection.My role is to help bring all those things together while working with the elite referees, the various referee managers and the IRB Match Official Selection Committee, which is led by John Jeffrey. It is also important for me to communicate with international team coaches to take their views on board and inform them of any changes in focus.RW: What are your aims for refereeing at RWC 2015?  JJ: Ultimately, we want the match officials to be worthy of the world’s pinnacle rugby tournament through their strong, empathetic and consistent refereeing. Just like all the teams, we know that the hard work being done today will hopefully prepare the referees to arrive at RWC 2015 in a calm, confident and determined state of mind ready to do their best. As always, we want the actions of the players to be the focus. Man in the middle: Craig Joubert blows the final whistle in the RWC 2011 final between NZ and France last_img read more

Capps Residence / Poteet Architects

first_imgShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/127658/capps-residence-poteet-architects Clipboard United States Architects: Poteet Architects Area Area of this architecture project Save this picture!© Ryann Ford+ 13 Share Houses Photographs:  Ryann FordText description provided by the architects. The Capps house was constructed in 1896, designed by German Architect Albert Beckman, one of several distinctive masonry homes in King William that Beckman was responsible for. Though continuously occupied since its construction, the property was suffering from a good deal of deferred maintenance when taken over by new owners Travis Capps and Lee Anthony. The wrap- around porch was rotted and sagging and the large lawn and riverfront were overgrown. Capps engaged Poteet Architects to tailor the house to his needs, without sacrificing the historic character its prominent site demanded. Work began first on the carriage house, which was to be the Owner’s home during the rehabilitation. The carriage house now contains a living space with a small –and very orange—kitchen on the lower level and bedroom and bath above. A small, highly stylish salon was installed in the brick pool house. Save this picture!© Ryann FordThe exterior of the main house was approached as a full restoration, including a painstaking reconstruction of wrap around porch by General Contractor Rubiola Construction. At the rear of the house a 1970s era addition was removed and replaced with a new addition in the same footprint containing the kitchen on the first floor and a new master bath above. Save this picture!© Ryann FordThe interior of the home was transformed to support the lifestyle of the new owners. Capps and Anthony are avid collectors of contemporary art and open their home for entertaining and large events on a regular basis. The interior design supports these passions by unifying the restored plaster walls in white and the floors in ebony. Museum quality lighting is installed throughout controlled by a “smart house” system which also operates the audio visual and security systems. Save this picture!© Ryann FordIn the new kitchen and master closet and bath, the designers had the full opportunity to express the personality of the owners. The kitchen is sheathed in honed carrara marble, including open shelves which span the banks of windows. The storage on the kitchen is extended by a butler’s pantry which is tucked into the basement access of the old residence. Upstairs, the master closet and bath are merged into one flowing space dominated by the black closet island and the large glass-tiled steam shower in four colors of blue. Save this picture!© Ryann FordBold color surprises are interjected at intervals to keep the white palette fresh: the robin’s egg blue in the foyer; the “Rorschach” damask wall paper in the downstairs powder room; the magenta “L” cabinetry in the upstairs office; and the “black on black” wallpaper in the guest bath, as well as the blue shower reflect the owners’ love of color and visual sense of humor. Save this picture!© Ryann FordIn the same way that Capps and Anthony’s art collection is an international showcase, the design team found sources from all over the world to incorporate into the home’s design: the wallpaper is imported from Scotland; the decorative light fixtures are from Germany, Italy, and the Netherlands; fireplaces are from Australia; plumbing fixtures are from Germany and Spain; the kitchen marble is from Italy and the bath’s glass tile is imported from Canada.Save this picture!© Ryann FordProject gallerySee allShow lessLiving with Modernity: Brasilia—Chandigarh / Iwan BaanArticles’Trimo Urban Crash’ Competition WinnersArticles Share ArchDaily Area:  3284 m² Photographs CopyHouses•San Antonio, United Statescenter_img CopyAbout this officePoteet ArchitectsOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesSan AntonioHousesUnited StatesPublished on April 18, 2011Cite: “Capps Residence / Poteet Architects” 18 Apr 2011. 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Personalize your stream and start following your favorite authors, offices and users.Go to my stream ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/127658/capps-residence-poteet-architects Clipboard Capps Residence / Poteet ArchitectsSave this projectSaveCapps Residence / Poteet Architects Capps Residence / Poteet Architects “COPY” “COPY” Projectslast_img read more

Persimmon Homes donates £250,000 to Marie Curie Cancer Care

first_img Tagged with: corporate Persimmon Homes donates £250,000 to Marie Curie Cancer Care Housebuilder Persimmon Homes has donated £250,000 to Marie Curie Cancer Care following a two-year fundraising campaign.Persimmon Homes’ 2,500 staff, based at 25 regional offices throughout the UK, have taken part in sponsored abseils, skydives and mountain treks as well as golf days, raffles, dress-down days and charity balls.Persimmon chairman John White, CEO Mike Farley and group development director, David Bryant got involved by going back to their roots as part of Marie Curie Cancer Care’s Back to the Shop Floor initiative. The event, held in both 2006 and 2007, was itself sponsored by Persimmon Homes, with staff across the country returning to their first jobs in the construction industry to raise cash for the charity.Marie Curie Cancer Care became Persimmon Homes’ charity partner in 2006. The link between the two is based on the fact that Persimmon is a housebuilder and Marie Curie Nurses provide care for terminally ill cancer patients who want to remain in their homes.www.mariecurie.org.uk AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 Howard Lake | 28 February 2008 | News  36 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Carillion partners with Barnardo’s

first_imgCarillion partners with Barnardo’s Integrated support services company Carillion has begun a partnership with children’s charity Barnardo’s. It will support the charity through sponsorship and fundraising events, volunteering, mentoring and skills training.At the launch of the partnership Carillion  presented Barnardo’s with a cheque for £20,000.Carillion Chief Executive Richard Howson said: “As a support services company operating across many sectors, we can make a really positive difference working with Barnardo’s in our local communities, helping to transform the lives of disadvantaged children and their families”.[message_box title=”About Carillion plc” color=”blue”]The Group had annual revenue in 2012 of around £4.4 billion, employs around 40,000 people and operates across the UK, in the Middle East and Canada. It is a member of the FTSE4Good Index and in 2013 the Group was awarded Platinum Big Tick status in Business in the Community’s Corporate Responsibility Index. [/message_box] Tagged with: charity of the year corporate AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 Howard Lake | 19 December 2013 | News  23 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

How to Pinch Pennies in 2016

first_img Facebook Twitter Facebook Twitter How to Pinch Pennies in 2016Vince BaileyThe crowds were noticeably thinner for the first day of the Indiana/Illinois Farm Show at the State Fairgrounds, as producers are facing tighter profit margins for the coming year. At the HAT Pinching Pennies seminar, Vince Bailey with Farm Credit Services said we are on the downside of a super cycle, “There have been about 3 super cycles in the last 50 to 70 years with this one starting in about 2006. In this cycle, we have had the greatest wealth building in agriculture we have ever seen.” He added that, when you have a significant upswing in agriculture, you typically have a significant downswing on the backside as well.Bailey urged producers to focus on their balance sheet and decide how they plan to  position their operation for the next few years, “If you think prices are going to move back higher in the next few years, then you need to decide how to position your operation to withstand a few years of loss.” But on the other side of the fence, “If you see commodity prices moving into a prolonged period of lower prices, you have to get your cost of production much lower.” Bailey believes this latter scenario is more likely.Two key components in bringing your costs down, said Bailey, is reducing land rent costs and reducing family living expenses, “Over the past 10 years, family living costs have increased at a faster rate than crop production costs; this is because the profit margins have been so good.”  He said reducing fixed costs like land rent or family living costs are difficult and may require some adjustments to the size of the operation.At the seminar, Mike Silver from Kokomo Grain said he believes there will be a window  of opportunity to sell corn and soybeans at higher prices between now and next summer, but he warns it will be a very narrow window and producers must be ready to act quickly.Also on the program was Gerald Harrison from the Purdue Land Lease Team. He outlined options for land rent arrangements that producers may want to consider.The Wednesday seminar at the show will feature Hoosier Ag Today Meteorologist Ryan Martin with an outlook on 2016 weather and Dr. Chris Hurt from Purdue with his popular outlook program for 2016. Home Indiana Agriculture News How to Pinch Pennies in 2016 SHARE SHARE By Gary Truitt – Dec 15, 2015 How to Pinch Pennies in 2016 Previous articleCOOL Repeal Included in OmnibusNext articleMorning Outlook Gary Truittlast_img read more

POET Applauds Portland Resolution Backing Renewable Fuel Standard

first_img Facebook Twitter By Hoosier Ag Today – Feb 20, 2018 SHARE POET Applauds Portland Resolution Backing Renewable Fuel Standard Home Indiana Agriculture News POET Applauds Portland Resolution Backing Renewable Fuel Standard POET Biorefining – Portland today applauded passage of a city resolution urging Indiana lawmakers to protect the Renewable Fuel Standard (RFS). The RFS ensures that Indiana farmers and biofuel producers can continue to compete against fossil fuel companies that seek to monopolize consumer options at the fuel pump.“We’re very grateful to Mayor Randy Geesaman and all the members of the city council for their strong show of support for Indiana farmers and biofuel producers,” said Matt Tomano, General Manager at POET Biorefining – Portland. “The RFS is under attack, but these attempts to undermine the law would decimate America’s growing biofuels industry and dismantle a critical market for Hoosier crops. This resolution casts a much-needed spotlight on the valuable contributions that Indiana ethanol producers make in creating rural jobs and providing consumers cleaner, more affordable options at the fuel pump.”The city resolution was approved unanimously by the Portland City Council. It outlines the economic and security benefits of the RFS, as well as the importance of ethanol, which reduces carbon emissions by 43 percent.  It also “encourages our leaders in Washington, Senator Todd Young, Senator Joe Donnelly, and Congressman Jim Banks to support Indiana farmers and rural communities and promise to strengthen the RFS and markets for biofuels like ethanol.”POET Biorefining – Portland began operations September 18, 2007. The state-of-the art biofuel production facility consumes approximately 25 million bushels of locally-grown corn to produce 68 million gallons of biofuels annually. Employing approximately 40 people, the facility enhances the local economy with improved corn prices, value-added markets for farmers, good-paying jobs, and increased local tax revenue. SHARE Facebook Twitter Previous articleGrants Awarded to Foster Growth and Promote Indiana’s Livestock IndustryNext articleFarm Bureau in Support of AG Act Workforce Legislation Hoosier Ag Todaylast_img read more

What can The Cloud do for your business?

first_img Dail to vote later on extending emergency Covid powers Google+ RELATED ARTICLESMORE FROM AUTHOR Twitter Twitter Facebook Man arrested in Derry on suspicion of drugs and criminal property offences released WhatsApp By admin – February 12, 2013 Facebook Pinterest PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal center_img Pinterest News What can The Cloud do for your business? Dail hears questions over design, funding and operation of Mica redress scheme HSE warns of ‘widespread cancellations’ of appointments next week Previous articleScientist: Lamb products may also contain horse meatNext articleOver 140 dogs recovered from Leitrim dog hoarder admin Google+ WhatsApp “Ah sure we have all that in the cloud these days…”, but what is it?The Cloud has been pegged as the way forward for some time now, but only in recent times have serious and affordable solutions become available for businesses. So how can it help you expand and grow your business while avoiding the capital costs of a typical IT infrastructure?Cloud computing is a really just an umbrella term for using off-site (internet-based) banks of computers to handle processing, applications, file storage, or anything else for that matter.To better understand cloud computing, imagine if you could have all the computing resources you need for your business applications at the same external place without worrying about the cost of purchasing machines, management of those machines, maintenance or even scalability implications due to the physical infrastructure required to handle the demands of your business.Cloud computing is simply a set of pooled computing resources and services (“cloud”) delivered over the internet. Cloud computing usually provides these computing resources as “a service” over the Internet in the form ofInfrastructure as a Service (IaaS)Platform as a Service (PaaS)Software as a Service (SaaS)In essence, Cloud computing should enable you to concentrate more on your core business ( sales, manufacturing etc ) and not have to worry about the time and money that would be eaten up by a typical IT infrastructure.The general idea of cloud storage is that a large bank of computers sitting in a data centre on the Internet. A site in New York, China (or even Ireland) handles the storage for all your files, just like having a large hard drive or network drive right at your fingertips.The obvious benefit to small business of keeping your files in the cloud is that you don’t have to buy new Hard Disks, PC’s , Servers etc for your office and you can grow your business without your storage needs requiring an IT department or in house expertise.With businesses starting and growing faster than ever, streamlining your business applications, workflow and data management so you don’t waste time on IT issues is certainly something to consider.Cloud solutions are very affordable and every business should at least look in to the benefits. We recommend talking to your IT advisor to see if the solution is a good fit for your organisation. (Maybe it is …maybe not).The web is full of information too, so don’t be afraid to do some research of your own. In our next blog we will be talking about “Thin Clients”…which has nothing to do with skinny customers!Guest blog post by Jonathan Browne, Managing Director of Gemini Technology, an IT Consultancy firm based in Dublin. Man arrested on suspicion of drugs and criminal property offences in Derrylast_img read more

An offer you can’t refuse

first_img Previous Article Next Article Related posts:No related photos. An offer you can’t refuseOn 1 Apr 2003 in Personnel Today Discretionary bonuses continue to cause problems, with the latest casereported to have cost investment bank Lehman Brothers more than £5m. JonathanMaude and Richard Yeomans give advice on how to avoid the pitfalls of suchschemesFettered DiscretionAnna Lyst applies for a position at Bucks Bank and, during herinterview, is informed that as well as a basic salary, Bucks also rewardsemployees through the use of a ‘discretionary’ bonus scheme. She is told that,although the bonus scheme is referred to as being discretionary, it is more orless guaranteed that she will receive approximately 50 per cent of her basicsalary. Can Anna count on getting this bonus? Jonathan Maude and Richard Yeomans comment: Many employers (andparticularly financial institutions in the City) choose not to have clear bonusrules with a set formula linking bonus to, say, revenue or profit. This isbecause they do not want their hands to be tied when slicing up the often vastbonus cake. Instead, they operate discretionary bonus schemes, designed to givethem maximum flexibility when rewarding staff. However, the very nature of ‘discretion’ means it often leads to disputeswith disgruntled employees, and recent cases have shown that the exercise ofdiscretion is restricted. As a result a number of successful bonus-relatedclaims have been brought to employment tribunals and the High Court. Potentialclaims can be wide-ranging and include breach of contract, unlawful deductionfrom wages, constructive dismissal, unfair dismissal and sex, race anddisability discrimination. One recent, much publicised case brought by KerimDerhalli in the High Court against investment bank Lehman Brothers resulted ina settlement reported to be at least £5m. It is now well established that there is no such thing as absolutediscretion when it comes to bonuses. Take the case brought by Stephen Clarkagainst Nomura International in 2000. Clark was a senior trader with Nomura,who was dismissed in February 1997. Nomura had a written discretionary bonusscheme which stated that a bonus was “not guaranteed in any way”,”dependent on individual performance” and was conditional upon theemployee remaining in employment on the bonus payment date. Clark was giventhree months’ notice in February 2001 and was placed on garden leave. The bonuspayment date arose during this time. Clark therefore satisfied the requirementthat he remain employed throughout the relevant bonus year, even though he wasnot actively working during the last three months. Nomura decided to award Clark a nil bonus, even though he had achievedprofits for Nomura over the relevant period of £6.4m and Nomura knew he hadbeen responsible for another transaction which would bring in another £16m overthe following two years. Nomura unsuccessfully tried to argue that Clark’sperformance was merely one condition for the bonus and that in exercising itsdiscretion it was entitled to take into account other factors such as Nomura’s”legitimate business needs” and the need to “retain andmotivate” staff. The High Court found that Nomura’s discretion was ‘fettered’ in two ways.First, it accepted Clark’s argument that under the terms of the scheme, performancewas the only factor to be taken into account when exercising discretion. Indeciding bonuses, Nomura was not therefore entitled to reduce Clark’s bonus onthe basis that he was leaving. Second, it held Nomura could not exercisediscretion “irrationally or perversely”. The Court concluded that noreasonable employer would have awarded a nil bonus to someone who had performedas well as Clark, and therefore he was entitled to a bonus of £1.35m. The fettering of discretion means it is increasingly important for employersto have carefully drafted bonus schemes in place. For example, a common ploy isto state in the bonus scheme that bonuses are “non-contractual” andthat an employee must be employed and not be under notice on the bonus paymentdate. It is likely that such a provision would have defeated Clark’s claim,because he was under notice on the bonus payment date. It is also advisable tospell out in the scheme the factors the employer can take into account whenexercising discretion such as wanting to retain and motivate staff in thefuture. Given that such provisions could help deprive an employee of a bonuseven if he had worked for the full bonus year and had fantastic results, it isall the more surprising that so many employers fail to implement these types ofschemes. Sex discriminationAnna has been working for Bucks Bank for approximately two years andhas received notification that her bonus is a great deal less than she wasexpecting. She understands that some of her male colleagues have receivedsignificantly more than she has, although they are performing the same jobfunction. She took maternity leave during the second year of her employment andthinks this may have affected the amount of her bonus. Does she have any legalrecourse in these circumstances? JM and RY comment: A well-drafted bonus scheme can preventdiscrimination claims by introducing an element of objectivity into thedecision-making process. There have been a number of recent discriminationcases where women have successfully argued that discretionary bonuses havefavoured their male colleagues. Last year, Julie Bower took Schroder Securitiesto an employment tribunal and complained that she was awarded a bonus of only£25,000 compared to the £650,000 and £440,000 given to two male colleagues. Theemployment tribunal was persuaded that given her performance, her comparativelylow bonus could only be explained by the fact that she was a woman and she wastherefore awarded £1.4m in compensation. Employers should take particular care when determining bonuses for women whoare on maternity leave. If a woman has completed the bonus year before hermaternity leave starts, she will have earned that bonus and it will be payable.Also, if she has only completed part of the bonus year at the time she goes onmaternity leave, she is likely to be entitled to a pro rata bonus. These werethe conclusions reached by the European Court of Justice (Lewen v Denda 2000IRLR 67) when it held that it would be discriminatory to withhold bonuses inrespect of work done before a woman went on maternity leave. In another case (GUS Home Shopping Limited v Green 2001 IRLR 75), two womenparticipated in a bonus scheme where the bonus was essentially a loyalty bonus,conditional on them not having left employment by a certain date. Theypersuaded the employment tribunal that they had satisfied this condition andthe fact that they were on maternity leave on the relevant date should notdeprive them of the bonus. However, it is likely that a different decisionwould have been reached if the bonus had been made conditional upon their”active” employment or the achievement of personal targets, since thewomen would not have been able to satisfy those criteria. This case againhighlights the advantages of a carefully drafted bonus scheme. Protecting against claimsIt appears that Anna has taken advice in connection with her concerns overthe level of bonus received and Bucks Bank has decided that, in view of recentcase law, it will settle the claims she has raised. This has been fairlyexpensive, and caused some concern within the Bank. It has sought advice as tosteps it can take to avoid this problem arising again. JM and RY comment: Employers should consider including the followingprovisions as part of any bonus scheme: – State that participation in a bonus scheme and the level of award are atthe company’s absolute discretion – Specify that receiving a bonus in one year is no guarantee of receivingone in future years – Provide that entitlement to any bonus is conditional on the employee remainingemployed and not being under notice (whether notice is given by the employee orthe employer) until the bonus payment date – Specify the factors to be taken into account when determining bonuses. Forexample, if retention and motivation of staff are factors, this should be speltout in the rules – Give details of any trigger conditions which apply to a bonus; such as theachievement of specified individual, departmental or company targets – Clarify the bonus entitlement of women on maternity leave and, if you areintroducing a “loyalty bonus”, consider making “active”employment a requirement. Jonathan Maude and Richard Yeomans are partners at Manches Solicitors Comments are closed. last_img read more