• Replies 6 replies
  • Subscribers 8 subscribers
  • Views 919 views
  • Users 0 members are here
Options
Related

Christmas Bonus Calculation

Emily

Hi, 
I am currently studying my Level 5 in HR and have been allocated HR responsibilities alongside my current job role however I am still very new to the industry.  

One of this issues brought to my attention is the companies new Christmas bonus scheme. 

They are proposing that for every three hours of over time worked, the employee gains an hour back in lieu. However, they are trying to implement a rule that our part time members of staff (contracted to 16 hours) must work over 37 hours before they start to qualify for this bonus scheme. 

I can't help but feel this is discriminatory toward part time workers and is an unfair proposal. 

If anyone has any advice on the matter that would be greatly appreciated!

Thanks, 

Emily 

Parents
  • HI Emily - you are correct and the employer is unnecessarily opening itself up to a big risk of not only a claim of unfair treatment under the Part time workers (prevention of unfair treatment) regulations, but also indirect sex discrimination (it is more likely that more women than men will be part time and therefore unable to qualify for the 'bonus'). Given that people can make a claim whilst remaining employed and tribunal fess have now been removed, they would be very unwise to take that risk. Any half decent Solicitor is going to very quickly point out to a Tribunal Judge, that by saying that people only qualify if they have done more than 37 hours, they have in effect, very clearly set up a bonus scheme that people can only qualify for if they work full time. I certainly wouldn't want to be the one who had to try and argue my way out of that one.

    Notwithstanding the legal risk, they don't seem to have thought this through - do they really want to reward people for working long hours? That doesn't sound a very healthy culture. The number of hours someone works doesn't always reflect their actual performance or output and introducing such a scheme could just encourage people to do very unproductive extra hours to qualify for the extra time off over Christmas.

    A scheme that includes everyone (which may be based on organisational performance if preferred, and can be pro-rata'd for part time colleagues), would be much more likely to motivate and engage staff.

    Good luck!
Reply
  • HI Emily - you are correct and the employer is unnecessarily opening itself up to a big risk of not only a claim of unfair treatment under the Part time workers (prevention of unfair treatment) regulations, but also indirect sex discrimination (it is more likely that more women than men will be part time and therefore unable to qualify for the 'bonus'). Given that people can make a claim whilst remaining employed and tribunal fess have now been removed, they would be very unwise to take that risk. Any half decent Solicitor is going to very quickly point out to a Tribunal Judge, that by saying that people only qualify if they have done more than 37 hours, they have in effect, very clearly set up a bonus scheme that people can only qualify for if they work full time. I certainly wouldn't want to be the one who had to try and argue my way out of that one.

    Notwithstanding the legal risk, they don't seem to have thought this through - do they really want to reward people for working long hours? That doesn't sound a very healthy culture. The number of hours someone works doesn't always reflect their actual performance or output and introducing such a scheme could just encourage people to do very unproductive extra hours to qualify for the extra time off over Christmas.

    A scheme that includes everyone (which may be based on organisational performance if preferred, and can be pro-rata'd for part time colleagues), would be much more likely to motivate and engage staff.

    Good luck!
Children
No Data