Is this discrimination? Please help

[Goodasgold]

I was told today that the only reaason I am not getting abonus this year is because I have been on maternity leave.
I have been back for three months.
I've taken it really personally.
Please tell me if this is normal.

[madmarchhare]

What were the rules in the first place?

[Goodasgold]

I don't know, it does imply that if I had taken a shorter maternity leave I would have got a bonus. Might try to give hr a ring now.
Thanks for posting.

[madmarchhare]

I meant did everyone have targets etc.. or is it just bunged for turning up?

I would say HR is your best bet. I have no idea of the legalities.

[madmarchhare]

x posts, mmmm, a shorter mat leave, starting to sound a bit iffy. S'pose you need to be checking any small print.

[Goodasgold]

Thanks MMM. No we don't have targets.
Well hr will only talk to my line manager and it was her decision.

[Goodasgold]

Sorry I often get peoples names wrong when I try to shorten them MadMarchHare.

[edam]

That's pants and I suspect they are sailing very close to the wind legally. Bloody useless HR dept too. I'd contact the Equal Opportunities Commission, the body that deals with sex discrimination, for more info. And your union, if you are a member. Also try the Department of Trade and Industry website, has all the employment law guidelines - think is www.tiger.co.uk but google the Dept. and you'll find it.

[Goodasgold]

Thank you I have spoken to EOC and am hoping to speak to an advisor there on Monday.
I have a one-one on Weds so I will try to gather as much information as I can so I don't get fobbed off.
We don't have to work the full year to get the bonus.
I'm not sure if there is a cut off point, I worked 10/11 months last year before going on maternity leave and got my bonus whilst on maternity leave.
I suspect that they have come up with a way of justifying it to themselves so the pot is bigger.
I think that by asking a few questions along these lines 'so you have to work four months to qualify...so if I'd come back a month earlier I would have got one?'
I know they have to be so careful about anything that puts people under pressure to come back.
I feel so much better for discussing it.
Thanks again

[edam]

Glad EOC have been helpful. Always does you good to realise you aren't just at the mercy of crap employers...

Good luck!

[BadHair]

FWIW, in the days when I had a decent job and used to get a bonus, I only got a proportion of my bonus entitlement due to taking maternity leave. I took 6 months during the 12 months bonus period, so got 50% of my bonus.

The bonus was based on 60% personal performance and 40% departmental performance, and it was about 6 years ago, if that makes any difference. HTH.

[smittenkitten]

it depends on the scheme. if it is an incentive - if it is paid directly for work done, sales earned etc then if you weren't working you weren't earning. If it's paid generally based on business performance then it is discrimination - "but for" the fact you were on mat leave, you would have got it. Does that help?

[chocolatekimmy]

All depends on company policy, it should be covered clearly in the maternity policy.

I would expect them to say that you will recieve it pro rata for the actual time you are working during the year. Remuneration doesn't have to be maintained during maternity leave whereas other benefits such as holiday accrual, continuity of service, staff discounts, usually do. Its all in the policy though and a Company would be mad not to have one.

[Goodasgold]

Yes Smittenkitten my line manager basically said well you weren't here so you don't get one. I was surprised and said so, and she said well it would be for one months work (I've been back for three months now)
Our bonus is not target related or sales driven, we work in a loss making department at a top five retail bank. (probably the 5th)
They must have a policy, should I ask to see it?
I've never felt the difference between childless women and working mothers before but even though it would not have been a huge amount of money I am realy hurt by this.
Really I even cried earlier.

[chocolatekimmy]

Things like this are a nightmare, I can understand why you are upset. Its just a typical example of a company behaving poorly towards a pregnant woman

Ideally you should have been given information prior to your maternity leave about pay and conditions etc in relation to it.

Yes, ask to see the policy and make a suggestion that it should be relayed to expectant mums automatically

[Goodasgold]

I can't help feeling that my line manager who is about five years younger than me and would like a baby herself will feel differently about this in a couple of years and will insist on getting everything she is entitled to, she just sees it differently now.
In a way this is a final straw because I have been overlooked for promotions and higher grades, and training courses because I work part-time.
I have resented this for years, but also like my job, like the people, feel lucky to have a job that pays for very expensive childcare and still gives me a good take home pay and so have never wanted to rock the boat... until today.

[stripeybumpsmum]

Sorry, it is technically legal - the Asda Hoyland case. But, it should only relate to your capability/attendance in earning the bonus. If the period in which the bonus was earned was before your maternity leave, the fact you are on mat leave when it is due to be paid should have no bearing.

EOC are very good (believe they had involvement in backing Hoyland). You could have a case for indirect sex discrimination if the only excluded group are maternities. If they excluded any employee who has been absent regardless of the reason, that is ok.

There will definitely be written policies on the payment of the bonus - more than likely the auditors will insist on it.

[ruth2007]

I agree that you need specialist advice on the bonus issue as the small print can make a big difference. Bonuses can be a contractual right or they can be discretionary depending on the wording in your contract and Company policies. As for your comments on how you are treated because you are part-time - this could well be an issue as well. You have the right to be treated the same as a full time employee when it comes to training etc. Have a look at the DTI website and search for Part Time working.

[Judy1234]

Yes, I wouldn't complain to anyone until you've been through it with a fine tooth comb. If you were never sent a copy that would be very interesting but I am sure they would have sent you the rules when you started so get the old files out and hunt. I think normally if it's a bonus everyone gets then it should be given pro rata for the time you were here so if you worked 3 months of 12 this year you get 3/12ths of it but it very much depends on the scheme rules and what the maternity rules say in your contract or staff handbook or whatever.

[edam]

What you say about being treated differently because you are part-time sounds like indirect sex discrimination to me (and there have been cases that have established this point). Agree with Ruth, look up DTI and tell the EOC person about it.

[Judy1234]

True but if the full timers who had had maternity leave lost the bonus for the months they weren't there that is probably lawful.