I think my wife is being descriminated against at work
Discussion
My wife rings me today and tells me that she will only receive half her annual bonus and would've had a pay rise recently if she hadn't been off work sick for a month. The reason she was off sick was because of workplace stress resulting from redicoulos work load and a boss with wild mood swings. Can they do this? She was diagnosed by a doctor with depression and signed off for a month. The Doctor also wanted to sign her off for another month but she declined and said she wanted to go back to work.
Is she being screwed over here or are the company completely within their rights to do this?
Probably both.
She is quite certainly being treated differently (not convinced that it's discrimination though) but I suspect most bonus schemes will require the employee to meet certain objectives, and I further suspect one of those will be some form of utilisation/performance goal. Which taking 1/12th of the year off might impede.
She is quite certainly being treated differently (not convinced that it's discrimination though) but I suspect most bonus schemes will require the employee to meet certain objectives, and I further suspect one of those will be some form of utilisation/performance goal. Which taking 1/12th of the year off might impede.
Grenoble said:
What does her contract say with regards to bonus payments?
Most contracts will not provide the detail merely saying something like 'you are eligible for the xxx bonus scheme details of which will be provided to you. The management reserves the right to alter or withdraw the scheme at its discretion. Payment of bonuses is discretionary and subject to x, y, z'Grenoble said:
What does her contract say with regards to bonus payments?
I'm not sure but I will see if she has a copy at home. Regardless of what it says though can they make their judgement based on performance related to health, especially health issues related to the work environment they create?I don't think that is discrimination though.
If there was a male employee who also had a month off and they recieved 100% bonus, then you might have a case.
Ulitimately why stay at a firm that makes you ill ? I don't understand that, no job is worth your health.
In terms of the bonus, in 99% of contract bonuses will be soley discretionary. Therefore it is unlikely this can be resolved to your satisfaction.
However if you are suggesting that her bosses behavior has made her ill, than that could be construed as bullying, however that can be hard to prove.
Dominicc01 said:
A bonus is discretionary. How can she possibly perform at her full potential if she misses one twelfth of the year?
As a manager, I would not recommend she get the same bonus as someone who has turned up every day, irrespective of her reasons.
Most people don't go to work for 1/12 of the year - it's called holiday. Should someone absent due to sick leave for 4 weeks - but that has taken no holiday have their bonus witheld?As a manager, I would not recommend she get the same bonus as someone who has turned up every day, irrespective of her reasons.
Why should someone who took a month off receive a bonus? I am self employed, sometimes work is stressful. I still work though, if I tried to take time off with 'stress' then I wouldn't earn. If she wants her bonus, tell her to actually go to work. If she doesn't like her job, then she should get another.
Grenoble said:
Most people don't go to work for 1/12 of the year - it's called holiday. Should someone absent due to sick leave for 4 weeks - but that has taken no holiday have their bonus witheld?
It would be a harsh decision if a person had sacrificed their holiday for a month off sick. That would be unusual, though, I'd have though the op would have mentioned it.Dominicc01 said:
A bonus is discretionary. How can she possibly perform at her full potential if she misses one twelfth of the year?
As a manager, I would not recommend she get the same bonus as someone who has turned up every day, irrespective of her reasons.
Your criteria for bonus qualification is attendance?!As a manager, I would not recommend she get the same bonus as someone who has turned up every day, irrespective of her reasons.
So if, for example, she is in a sales role and sells more in her 11 months than someone that was there for the full 12 you think she doesn't deserve the bonus? Perhaps when she's there she stays an extra hour every day whilst everyone else leaves at 5.30pm on the dot?
There is no clear indication here of discrimination on the ground of sex or any other legally protected characteristic. A bonus may be discretionary, but the employer is bound by the implied term as to trust and confidence not to exercise discretion in an irrational manner. We do not have enough facts to form a view on whether this employer is breaching that implied term.
anonymous said:
[redacted]
That's certainly the case here offshore. Anyone taking stress leave is 'marked', which is a shame, because some people are genuinely being overloaded in a harsh unforgiving environment. I'd say about a third of stress leave cases are like that, another third is people who just aren't suited to their position and the rest are people who can't manage relationships or workload properly, and stress themselves, so to speak.Unfortunately everyone gets lumped together as a slacker which is a shame, as stress in the workplace is unnecessary and can be debilitating.
sooperscoop said:
anonymous said:
[redacted]
That's certainly the case here offshore. Anyone taking stress leave is 'marked', which is a shame, because some people are genuinely being overloaded in a harsh unforgiving environment. I'd say about a third of stress leave cases are like that, another third is people who just aren't suited to their position and the rest are people who can't manage relationships or workload properly, and stress themselves, so to speak.Unfortunately everyone gets lumped together as a slacker which is a shame, as stress in the workplace is unnecessary and can be debilitating.
I've never been off with stress and TBH unless I was a total wreck I wouldn't dream of it because of the sigma that comes with it.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff