Is giving less annual leave and paid sick leave discrimination?

Discrimination (choosing to treat people differently) is permitted provided the reason for the discrimination is not an illegal one (protected characteristic, trade union activities etc). In many instances "discrimination" is desirable - such as paying more to a better performer. Unless there are collectively negotiated conditions, it is entirely legal for the employer to "discriminate" - whether it is desirable is another question and will depend on the reasons and the context

Discrimination (choosing to treat people differently) is permitted provided the reason for the discrimination is not an illegal one (protected characteristic, trade union activities etc). In many instances "discrimination" is desirable - such as paying more to a better performer. Unless there are collectively negotiated conditions, it is entirely legal for the employer to "discriminate" - whether it is desirable is another question and will depend on the reasons and the context

Hi Ray,

Many thanks for your response. The reason for the 'discrimination' is that he is a less skilled/ less favorable candidate- so not a protected characteristic. I believe that salary represents/ reflects the level of competency of each employee- but should it also be reflected by giving less annual leave and less paid sick leave? My concern is that he is also the only person of a particular race within the company. Is this indirect discrimination? Or unconscious bias? Or ethically wrong?....If he were to find out that he has less annual leave/ paid sick leave than everyone else, what could the consequences be?

Thanks a lot,
Ruth

As Keith has already said, the question is being able to demonstrate the 'real' reason for different employment conditions for someone who is the only employee in a particular racial group - not an easy thing to do. If the employee chooses to challenge the decision, since race is a "protected characteristic" under the Employment Act, no length of service is required and there is no limit on the award that a tribunal could make. Unless you have other people with similar reduced conditions you will have difficulty building a credible defense in the event of a claim.......

Thanks a lot for the help Ray, will bear this in mind.