Can my employer reduce my bonus for having an operation?

Crazy_chick

Apologies if this is in the wrong place...

I have been with my current employer for 5 years and last year I had to have an operation, followed by a month off for recovery. They were fine about paying me for this time, which I was glad of.

But my question is, every year all employees get some extra money, kind of like a bonus but not related to individual performance. It is based on things like group and company targets. The same payment is made to each employee and then reduced by a factor which depends on how many sick days you have taken.

This is my problem - because I had a month off, along with a few other short occurences throughout the year I am going to lose a large chunk of this money :mad: . Many people I have spoken to, myself included, don't think it's fair that my operation recovery time counts towards this "sick" time, as it was an essential operation. I can see that the rule is there to discourage frequent sick leave abusers, but on this occasion I feel hard done by.

Are they allowed to do this, and is there any way I can claim it is unfair? Don't get me wrong, I'm not knocking the free money but I would just like to know if there's any way I can claim the full amount.

Thanks for reading!

hjb123

This is my problem - because I had a month off, along with a few other short occurences throughout the year I am going to lose a large chunk of this money :mad: . Many people I have spoken to, myself included, don't think it's fair that my operation recovery time counts towards this "sick" time, as it was an essential operation. I can see that the rule is there to discourage frequent sick leave abusers, but on this occasion I feel hard done by.

Are they allowed to do this, and is there any way I can claim it is unfair?

How many 'few short occurences' did you have? Is this also the reason for the money being docked?

To be honest I think that the operation recovery time is still sick leave regardless of whether it was an essential operation or not. You can always try and fight the decision but I think you will be lucky to win it! I do however feel for you though as you would have been at work had you not had to recover after the operation but in the companys view you were still off work!

Counting_Pennies_2

This is generally begging the question, does your illness fall under the disability discrimination subject heading.

I would look into it further with the equal opportunities http://www.drc-gb.org/ check out their website and call them to ask further.

I know there is a qualifying factor that alters an illness or injury into disability, I think it is over a significant period.

Anyway, do look into it further. Often these bodies will support you if there is a case. Firstly I think you need to ascertain if you fall under disability and then go to your employer with the facts and ask for the bonus to be reinstated due to the fact your absences were based on your disability.

However, if it doesn't equate to 'disability' then I'm afraid your employer does have a right to proportion bonuses etc according to attendance. You will no doubt locate a policy written by your employer detailing the bonus entitlements.

Hth

Crazy_chick

I have had 3 other occurrences of 1 or 2 days each, one of which was only a few weeks after returning when I fell ill with a heavy cold because my immune system was so low. And so that makes 4 occurrences in the year in total, which is the triggering amount for my employer to double the amount of sick days before taking the amount off the bonus. I believe it’s something like:

(days in year – days sick * factor) / days in year

I don’t think it will come under a ‘disability’ as it was only a routine operation, but I will look into it.

As far as the company’s bonus policy, none seems to exist. I knew in advance I was having the op and so researched what would happen to my bonus, but there is no mention of operation recovery time in my contract, and as the bonus is not a guaranteed thing (although we do get it every year and it is pretty much taken as a given), there is no written policy on how it is calculated, other than the above equation.

sinizterguy

As its a bonus I dont see why there would be a problem if they wanted to reduce it. As a bonus the amount is not fixed in contract, and as you mentioned it depends on number of sick days etc, and you took a whole month off. I'd say the employer has the right to do so.

highguyuk

I'm with your employers ... sorry.

Time off sick is still time spent away from working for your employer, therefore decreasing the amount of time your working towards the bonus for your company.

Think yourself lucky they paid for your sick time, not everyone has sick leave paid.

ohreally

Crazy_chick wrote:

Are they allowed to do this........i'm not knocking the free money but I would just like to know if there's any way I can claim the full amount.

What does your contract say?
You refer to it as 'free money',have you considered it may be deferred pay...you need to look at your contract. I suspect there may be grounds to invoke the grievence machinery regarding this.

gregg1

Crazy_chick wrote:

I have had 3 other occurrences of 1 or 2 days each, one of which was only a few weeks after returning when I fell ill with a heavy cold because my immune system was so low. And so that makes 4 occurrences in the year in total, which is the triggering amount for my employer to double the amount of sick days before taking the amount off the bonus. I believe it’s something like:

(days in year – days sick * factor) / days in year

I don’t think it will come under a ‘disability’ as it was only a routine operation, but I will look into it.

As far as the company’s bonus policy, none seems to exist. I knew in advance I was having the op and so researched what would happen to my bonus, but there is no mention of operation recovery time in my contract, and as the bonus is not a guaranteed thing (although we do get it every year and it is pretty much taken as a given), there is no written policy on how it is calculated, other than the above equation.

sorry to pour cold water on things but I used to work for a company which gave discretionary bonuses and they were just that - discretionary. I am afraid it usually means that they can give it when and to who they like and withhold it from whoever they like as well. If its not a part of your contract I don't really think there is much you can do about it although I would be fed up about it as well - hope I am proved wrong on this but that has been my experience.

Alleycat

I would still consider recovery time to be sick leave if its not taken as annual leave. Its still time away from work due to ill health and so should be counted as the same. Therefore if the bonus is worked out based on amounts of sick leave taken during a financial year, then yours should be reduced accordingly.