my new bosses took over the company in jan 2006, in the last wage packet before xmas everyone else had an extra 30 pounds, i didn't, could it be classed as discrimination? i've always had the feeling they didn't like me from the word go and will shortly be takin them to a tribunal for constructive dissmissal would it be worth mentioning the xmas bonus when i put my case forward?
2007-01-05 09:08:20 · 14 answers · asked by LISA S 2 in Business & Finance ➔ Careers & Employment
only 4 of us work there and are all friends, they have all told me individually about their bonus. we all do exactly the same job. i am taking them for constructive dissmissal because they have not allowed me to return from maternity leave to the same amount of hours as before i left my hours have been reduced to the point i cannot get tax credits and they are refusing me child friendly hours so they are making it impossible for me to work.
2007-01-06 02:35:29 · update #1
You could mention it, but if they have cause and say you were a bad employee and didn't deserve a Xmas bonus it will be moot. After that just wait and see what they have to say if they do try to fire you find out why and then select your ammo. If it was a mistake or oversight point it out to your manager in a week or two.
2007-01-05 10:43:42 · answer #1 · answered by Frank R 7 · 1⤊ 0⤋
If you are going to a tribunal for constructive dismissal then presumably you have left their employment already, or have had some kind of dispute with them.
This being the case why should they pay you a bonus?
You don't say how big the company is which is relevant but bonus's are always discretionary unless written into your contact as performance related, how do you know everyone else had £30? some may have had more and just not be telling you i.e. managers and directors.
As has been said above, why didn't you ask at the time, it MAY have been an error, certainly that may be their excuse at a tribunal which will negate your arguement as will any dispute that everyone got £30 and no one any more.
Are you the only male/female/young/old/ethnic/gay/straight/red head/blonde person there? if so that could be a basis for discrimination.
You really need to have a basis for an action of constructive dismissal, proof, example and yet more proof, the feeling they "didn't like you from the word go" just won't cut it.
2007-01-05 13:31:09 · answer #2 · answered by streetblitzer 3 · 1⤊ 0⤋
It would only be discrimination if:
a) Are all your colleagues male? In that case yes, they discriminated against the female worker.
b) Are all your colleagues of a different ethnic origin than you are? If so, it could be racial discrimination.
So, I'm guessing it is most probably not discrimination.
However, it is MOST DEFINITELY worth mentioning in a constructive dismissal case. (I am taking your question to mean that you are pursuing the case anyway, not solely because of this bonus issue - I see that other people have not interpreted your question that way.)
But, I would advise that you address the issue with your boss beforehand. As someone else mentioned, it could have been a clerical error.
But have you also considered whether the bonus could be related to job function? The company I work for pays bonuses to everyone except admin staff - which is only two people out of 150 - so they probably feel that that is unfair.
2007-01-05 10:30:03 · answer #3 · answered by Anonymous · 1⤊ 1⤋
I'd mention it to them, tell them it's not the fact that it's £30, it could have been £300 for all that it mattered, it's the principle of everyone getting a bonus apart from you and your doing the same job. Ask for an explanation as to why and let them come up with a convincing answer in front of the board. Good luck sweetie.
2007-01-05 09:17:11 · answer #4 · answered by floss 4 · 1⤊ 1⤋
In some cases it can be and then again, it can't. You wasn't promised a Christmas bonus, most jobs just give them from the goodness of their heart, but I would go and asked why I didn't get one and I would want to know why everybody else got one.
2007-01-05 09:19:06 · answer #5 · answered by ? 5 · 0⤊ 0⤋
YES! If everyone else got it and you didn't it's because of two reasons. One, you didn't bring it up when everone else got their bonus it could have been a clearical error. Two, it could be discrimination and would strengthen your case. Just be ready to back up why you didn't ask about the bonus and why you didn't get it. Just incase they say something like " Oh well that's a billing problem" You could say something like " I didn't know how to persue it." Anyway good luck on your tribunal.
2007-01-05 09:15:35 · answer #6 · answered by mistyfan69 5 · 1⤊ 1⤋
Do not take your bosses to court is absolutely waste of time and fortune.Back to your question i don't think it is discrimination - it seems like you are not getting on with your bosses so whenever they make any mistake you will definitely see it from the other perspective.
I would suggest you open your mind and give them a chance
2007-01-05 09:19:51 · answer #7 · answered by wise5557 5 · 0⤊ 1⤋
If you can prove that you were doing exactly the same work or a work of equal value to the rest of the workers, you have a chance.
2007-01-05 09:30:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No it cant be classed as discrimination - a bonus is at the managers discretion and not a compulsory payment xxx
2007-01-05 09:11:44 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Discrimination would affect a class of people. Do you fit in some class that nobody else fits into? It could be that you and they are not a good employment match.
2007-01-05 09:11:56 · answer #10 · answered by Nelson_DeVon 7 · 0⤊ 1⤋