Employment law - rights when you don't have a child / secret childcare payments

bizzisguy

Hi

My current employer 'secretly' pays those with children in childcare, 25% of the childcare costs each month, how legal is this?, they don't appear to get taxed on it (as a benefit in kind).

Can I take this to a tribunal as 'discrimination' against those who don't have children.

If childcare costs are £400 per month, these people are earning an extra £1200 per year (taxfree) just because they chose to have a child and others are being penalised for choosing to not have children / having grown children.

BG

jazzyman01

It wont be discrimination because it is likely to apply to male and female - although you might say that age would be a factor.

Yes you could whistle blow that other employees are benefiting from under the table payments as they are taxable.

What worries me is that you would want to penalise other people by this manner - you are not worried about the legal or morale issue just that you are not able to get the money so if you cant, why should they?

bizzisguy

No, not at all, what I am concerned about is that there are a lot of people here that are getting penalised for not having children, why should they earn less per year (doing the same job) because they choose to not have children or they have children that are at school.

Explain to me why you feel it is right for them to get this extra cash for doing the same job as someone else but getting paid more because they chose to have a child.

SueC_2

Go have/foster/adopt a child. Difficult as it may be, it will be far easier than trying to do something about every area in life where you are penalised for not having one. To name but a few:

- Maternity/Paternity Leave
- Carers Leave
- Emergency Leave
- Pension entitlements
- Benefit entitlements
- Tax credits

On the flipside, by having a child you would also lose out on, to name but a few:

- Freedom to come and go and do as you please
- A large chunk of your income
- The ability to go on holiday at any time of year
- The peace of mind of knowing your responsibilities stop here

Alternatively, come to terms with the fact that all in life is not fair, that doesn't necessarily mean it is discriminatory. We makes our choices and takes our chances.

Pete111

Your post got me thinking.

My company runs a childcare vouchers scheme whereby people with kids get a tax free benefit. I don't have kids but I do have a dog which needs walking etc whilst I am at work . I don't get a tax free benefit re this - Is this canine discrimination?

OP - your company is doing an all too rare and generous thing which you are jealous of as you do not currently benefit from it. You may find the company also offers other benefits you miss out on like enhanced maternity pay but such is life. I suspect HMRC may take a dim view re BIK as Jazzyman says but unless you are the FD or Head of Tax my advice is to get over yourself...

P

bizzisguy

Thanks,

You're obviously a parent then, which, and I am presuming from the facetious nature of your post, is why you feel that people with children deserve far more than people who choose not to have children and clearly you don't see anything wrong with the fact that people on pretty crap paid jobs are being penalised over those of their colleagues who would drop a sprog just to get a bit of extra cash.

Again, explain to me why someone that has a child should be paid more for the same job as someone who doesn't (without going in to all the rubbish about life not being fair).

If I were white and getting paid more than a 'non white' person, then that would be discrimination, so why is it OK just because you have a child ?, you wanted a child, you should live with the consequences and extra expenses a child brings, you should not expect those who don't have children to pay for your child to be brought up.

Wyndham

Are you sure it's not some sort of salary sacrifice scheme? I've seen this in a few places, where part of salary can be converted to vouchers for childcare. The advantage is that there are tax benefits, so you get 'more' in your pocket by doing this than you would have done otherwise.

bizzisguy

hahaha, what a bunch of muppets you all really are, you have your blinkered little lives and if anyone dares to disagree with you, then they a) don't have a life, b)need to get over themselves.

What a seriously unfriendly little bunch of people you all are, no doubt politically correct and if this was a black / white thing would all be up in arms..

I came on here to ask for advice, not for your own littll moronic opinions, !!!! you all for being so unfriendly

KiKi

bizzisguy wrote: »

Hi

My current employer 'secretly' pays those with children in childcare, 25% of the childcare costs each month, how legal is this?, they don't appear to get taxed on it (as a benefit in kind).

Can I take this to a tribunal as 'discrimination' against those who don't have children.

If childcare costs are £400 per month, these people are earning an extra £1200 per year (taxfree) just because they chose to have a child and others are being penalised for choosing to not have children / having grown children.

BG

I understand your point - I used to work for a large public sector company that made SO many provisions for parents, that it felt rather unfair.

What your company is doing does indeed discriminate in favour of those with children. Just as a 'cycle to work' scheme would discriminate in favour of those who live close enough to cycle there. Just as a 'parking' scheme would discriminate in favour of those who drive.

However. None of these are discrimination at tribunal, and here's the reason why: in law, discrimination is based upon gender, sexuality, race, disability, religion, marriage / civil partnership status, colour, gender reassignment, ethnic background, nationality or age.

There is no legal basis for discrimination of employees who do or don't have children. That doesn't mean that a company can't have practices which support parents and feel unfair to others, just that you have no legal basis to challenge it.

HTH
KiKi

Pete111

bizzisguy wrote: »

hahaha, what a bunch of muppets you all really are, you have your blinkered little lives and if anyone dares to disagree with you, then they a) don't have a life, b)need to get over themselves.

What a seriously unfriendly little bunch of people you all are, no doubt politically correct and if this was a black / white thing would all be up in arms..

I came on here to ask for advice, not for your own littll moronic opinions, !!!! you all for being so unfriendly

....Oh dear Troll FAIL

(you know the idea is to whip US into a dizzy hate-filled froth right?)

Good luck with your discrimination 'case' BTW. It's only my opinion that you haven't a leg to stand on but hey, I (like several others here) only have a decade or so experience working with employment law - what do I know?

P
PS I don't have kids.

scheming_gypsy

Sounds more like your employer is protecting himself and you against parents taking more time off work because granny can't look after little Timmy.
If they didn't pay the extra and your colleague has to take time off to look after the kids then you'd have to deal with their workload as well as your own. So you should thank your boss for being thoughtful.