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Is giving less annual leave and paid sick leave discrimination?

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

1401 views
  • Is this discrimination? As other colleagues have said, probably not if you can evidence a genuine justification.

    Is this good business practice? Also probably not.

    Why would a business seek to implement these lower benefits on one single employee, especially one with a protected characteristic? The savings that could be made on a few days holiday and sick pay (that may never be claimed) are likely minimal while the risk of a potential discrimination claim is high. And as you've said, "salary represents/ reflects the level of competency of each employee" - that is the most common method of reflecting someone's level of experience.

    For me I wouldn't think the savings merited the risk.
  • In reply to Victoria:

    Thanks for the advice Victoria, much appreciated!
  • In reply to Owen:

    Thanks a lot Owen- think you've hit the nail on the head!
  • Steve Bridger

    | 0 Posts

    Community Manager

    10 Sep, 2020 10:32

    Hi Ruth,

    I think you've received some really top advice from some very experienced contributors here.

    I agree with all of them... and I think Victoria and Owen sum up well.

    Hope this first sojourn to the Community has been valuable to you.

  • In reply to Steve Bridger:

    Hi Steve,

    Yes, thanks to everyone for the responses....it has been very valuable!

    Ruth
  • Just to add - I've come across this before where new starters on probation were given less paid sick pay but once they passed probation they got the same as everyone else. I've also worked for places where annual leave increases with years served (e.g. after 5 years). When I worked for a law firm the lawyers were on more generous terms than the admin staff etc. The important thing in all of these cases though is that it was role specific, rather than directed at one person.

    If another person was hired into the role as well who was deemed to be more skilled would they also start on these less favourable terms? E.g. role specific. Or would they be the same as everyone else? If so, makes me wonder why they have hired him - he can either do the job or not - any skills above and beyond seem irrelevant. If he needs to learn more for the role then presumably he will then receive the same annual leave and paid sick leave as everyone else once he has 'levelled up'?