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Is giving less annual leave and paid sick leave discrimination?

Ruth

Hi,

Can anyone help with this?

If a new employee is hired with a company, on a permanent contract, but is given less annual leave and less paid sick leave than everyone else at the same company, is this considered to be discrimination? (All other employees have the same contract, i.e. have the same amount of annual leave and paid sick leave as each other),

Thanks in advance,

Ruth

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  • Hi Ruth,

    As you have not done this because of a protected characteristic it is not discrimination, as others have said, but the onus is then on you though to prove it is not. This may be clear now but may be lost in the mists of time unless documented. In the future people may leave, he may raise this and no one will understand the justification. My question would be - is there another way to do this? Can you hold back on bonus or pay (unless it's too late as you have already communicated those terms) until he meets the bar? But also - why would you want to do this? Treating someone differently regarding common terms can lead to all sorts of unintended consequences or mistakes with benefits etc, and can engender a feeling of 'otherness' for the individual which they may attribute to race anyway. If you choose to go down this route consider putting in a timescale for review, particularly when he starts performing at the level the role requires so he is not treated unfavourably when he gets there.
  • in reply to Victoria
    Thanks for the advice Victoria, much appreciated!
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