As noted above, one of the underlying principles here is that bonus payments must be in the nature of, broadly, an ‘all-employee’ incentive. S. 312C(1) provides that, for the purposes of the condition in s. 312B(1)(b):

(a)the participation requirement is that all persons in relevant employment when the award is determined must be eligible to participate in that and any other award under the scheme, and

(b)the equality requirement is that every employee who participates in an award under the scheme must do so on the same terms.

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