Bonus reduced due to time off (disability) - is this allowed?

adisciple

I have a condition which is classed as a disability for purposes of the Disbaility Discrimination Act. I had quite a bit of time off work last year due to this illness and I've now been told that the reason my annual bonus was less than normal (£300, not the usual £1,000) was due to the time I had off. Is this allowed?

Any advice greatly appreciated!

wontfallforit

adisciple wrote: »

I have a condition which is classed as a disability for purposes of the Disbaility Discrimination Act. I had quite a bit of time off work last year due to this illness and I've now been told that the reason my annual bonus was less than normal (£300, not the usual £1,000) was due to the time I had off. Is this allowed?

Any advice greatly appreciated!

Sorry, don't know about the legalities (though someone else probably will), but this seems reasonable. What is your bonus based on? Performance? levels of sales? etc? If it's linked to your job performance in any way, shape or form, then the fact is that you simply were not there to perform your job.

However, did you actually miss around 2/3rds of the year, or was your performance reduced/impacted by around 2/3rds? Because a reduction from £1000 to £300 is a little steep :-/

Again, not sure whether or not it's allowed, but I've always accepted that a bonus is discretionary. Although I've not had the same problems as yourself (i.e. health), I've also seen my own bonus decrease from time to time, due to factors out of my own hands

As said, someone who knows more about employment law will surely come along to this thread soon.

Anihilator

Yes of course its allowed.

You are not being discriminated against. Well not unless others who are off sick for a long time and are not disabled do get it.

robredz

Anihilator wrote: »

Yes of course its allowed.

You are not being discriminated against. Well not unless others who are off sick for a long time and are not disabled do get it.

That would be correct so long as someone without a disability who was off sick for the same period was treated the same way and was given the same level of bonus. The treatment MUST be equal, otherwise there MAY not necessarily WILL be discrimination.

jaffacakes82

I think your Employers are well in their rights to reduce your bonus amount. Bonuses after all are discretionary, you're not legally entitled to it like your salary. If you weren't there to perform your job why should you be rewarded on the same level as those who were? Think about it like that. If someone who worked far less than you during the year got the same amount wouldn't you be a bit peeved?

Emmzi

I think it *may* be discrimination but you need to tell us what the criteria for the bonus payment is. (HR person here)

adisciple

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gordikin

adisciple how much time were you off sick?

Emmzi

if the sole grounds for paying the bonus is that you are an employee in the month of december, then not paying it on grounds oif sickness is discriminatory, IF all your absences have been related to your disability.

Now ask yourself
- have I have an unreasonable amount of time off? (that'd be more than 15 days in my head)
- am I reliable
- do I make up hours I miss or ensure the work can be covered
- do I get full pay when off or statutory sick only

before you decide if it is worth making a fuss over. Your manager will be considering the cost to his business of all the above, right or wrong, genuine illness or not.

Be aware this may be the first warning shot over the bows that your manager is considering whether you are capable of fulfilling the terms of your contract in the long term. Disability or not they CAN dismiss if you are unable to do the job your are employed to do on a consistent basis, if reasonable adjustments have been made.

I have no idea if this applies to you, I only mention that it seems likely on my read of the situation.

woody01

Yes it is and quite rightly so.

Although you have a disability, a bonus is just that. The other people in your work place have had to work harder to cover your absence, so would you think it fair that you should be incentivised the same even though you were not there?
The 8 people in your office, if all was fair, should divide your bonus you would've had, if not absent, between them, as it is them that have done the work to merit it.

I am not having a go, or trying to discriminate, but a bonus is PERFORMANCE related, and if you are not there, you are not performing.

robredz wrote: »

That would be correct so long as someone without a disability who was off sick for the same period was treated the same way and was given the same level of bonus. The treatment MUST be equal, otherwise there MAY not necessarily WILL be discrimination.

and that is the key
However, i don't think this is the case with the OP. I think they just want a bonus for being an employee.
They never actually said whether the diagnosis they had was a legitimate disability or one they construde as such either which may make a difference.

have I have an unreasonable amount of time off? (that'd be more than 15 days in my head)

No idea who you work for, but i certainly would not see 15 days per year sickness as reasonable.
3 working weeks is alot!
Couple that with annual leave and the person may well be not in theor position for 7-8 weeks of the year.

If you worked for me, i would be having serious words if you took 15 days a year.

jdturk

woody01 wrote: »

Yes it is and quite rightly so.

Although you have a disability, a bonus is just that. The other people in your work place have had to work harder to cover your absence, so would you think it fair that you should be incentivised the same even though you were not there?
The 8 people in your office, if all was fair, should divide your bonus you would've had, if not absent, between them, as it is them that have done the work to merit it.

I am not having a go, or trying to discriminate, but a bonus is PERFORMANCE related, and if you are not there, you are not performing.

and that is the key
However, i don't think this is the case with the OP. I think they just want a bonus for being an employee.
They never actually said whether the diagnosis they had was a legitimate disability or one they construde as such either which may make a difference.


No idea who you work for, but i certainly would not see 15 days per year sickness as reasonable.
3 working weeks is alot!
Couple that with annual leave and the person may well be not in theor position for 7-8 weeks of the year.

If you worked for me, i would be having serious words if you took 15 days a year.

I wouldn't expect people to be off more than 4-5 days a year due to sickness and depending on whether it was one period or several I would be having words after 10 working days