Employee Discrimination

[Charlie1986]

Can a company with hold a pay rise back dated from Jan 2016 from a employee due to the fact they are being made redundant?

This is what my company is doing to my self and three others and are offering ''Goodwill'' which will be the pay increase as a Ex Gratia payment but described as 2016 bonus pro rata.

The remaining employees all have had there pay adjusted to take account of this.

We had verbal confirmation that this was happening on a internal conference and that we would all have this.

[shep1001]

Charlie1986 said:

Can a company with hold a pay rise back dated from Jan 2016 from a employee due to the fact they are being made redundant?

This is what my company is doing to my self and three others and are offering ''Goodwill'' which will be the pay increase as a Ex Gratia payment but described as 2016 bonus pro rata.

The remaining employees all have had there pay adjusted to take account of this.

We had verbal confirmation that this was happening on a internal conference and that we would all have this.

How much of a difference does this rise make to your redundancy payout? is its a formula based on your weekly salary * however many years service you have. Maybe they want to limit what they have to pay out?

[Charlie1986]

shep1001 said:

How much of a difference does this rise make to your redundancy payout? is its a formula based on your weekly salary * however many years service you have. Maybe they want to limit what they have to pay out?

For me it makes no difference as i leave on Friday. but its came apparent today in the final meeting when we spoke about money owed. The others who are being made redundant 1 is on maternity and the other is our financial person for the uk. Both have been told there employment will end June but the pay rise will not happen for them.

Its a very cash rich company based in Switzerland and if your not a yes person you have no place.

[andy-xr]

I'm not sure I'm following this one, you were looking for a backdated pay rise to be paid to you as salary, but your employer is making you redundant so is offering it to you as ex gratia lump sum instead?

I think I'd take that

[Charlie1986]

andy-xr said:

I'm not sure I'm following this one, you were looking for a backdated pay rise to be paid to you as salary, but your employer is making you redundant so is offering it to you as ex gratia lump sum instead?

I think I'd take that

easier to put it this way.

Jan 2016 2.6% pay rise announced to be paid March 2016 backdated till Jan

1st of March it is announced UK office will reduce down from 12 to 3 and all warehouse operations will move in June so majority placed on Redundancy notice till then. This done by our Europe GM by Skype and powerpoint.

Luckily I've been looking to move for while and found new employment so I've taken the Ex Gratia which is basically the 2.6% and my bonus pro rata hence why I'm not bothered my self.

The remaining have been told if they stay the pay rise will not be offered to them but only employees who are staying and that any offer of goodwill will be 50% of the 2016 bonus.

So in simple terms i was asking if they are discriminating against the remaining by not giving the pay rise even thou people have been giving it who are staying. All other benefits ave been withdrawn as well for those who are leaving in June.

Pay rise has been included in the budget for 2016 and results for last year are close to 200million CHF profit.

[edc]

It may feel unfair and even discriminatory but unless it meets the legal meaning of 'discrimination' then ultimately no discrimination has taken place. So unless the affected group are all significantly older than those not affected, all women, all gay etc then a discrimination claim won't go anywhere.