Advice re disciplinary and pay increase

sparkles22

Hi Looking for some advice on the following:

If an employee has been subject to a disciplinary procedure at work, and the matter has now been resolved (employee on written warning), can that employee be excluded from a staff pay rise which all other employees will be recieving, due to the disciplinary procedure? Is this even legal? Could this be classed as discrimination?

Thanks in advance.

AP007

You can give or not give an employee a pay rise for any reason at all unless its protected like all men get one and all females don't etc

sparkles22

A pay rise has been approved for all other staff members this year. One person who had a disciplinary procedure earlier this year has been told he wont be getting one. One person out of the entire workforce. Is this totally legal then?

Proc

Yes it's legal and sensible.

The staff who haven't been causing trouble will be happier knowing that they are rewarded for their good behaviour.

spacey2012

Such an event is one of the few things that can prove constructive dismissal.
Also the Equal pay act works both ways, if someone of opposite sex is paid more for the same work, then they have a case for a claim.

Are you confusing a pay rise with a cost of living adjustment ?

Proc

spacey2012 wrote: »

Such an event is one of the few things that can prove constructive dismissal.
Also the Equal pay act works both ways, if someone of opposite sex is paid more for the same work, then they have a case for a claim.

Are you confusing a pay rise with a cost of living adjustment ?

Then it's fortunate that the person in question isn't having their pay rise withheld due to their sex.

I can't see how this can be deemed as constructive dismissal if this policy has been applied consistently across all staff.

spacey2012

Proc wrote: »

Then it's fortunate that the person in question isn't having their pay rise withheld due to their sex.

I can't see how this can be deemed as constructive dismissal if this policy has been applied consistently across all staff.

Well don't see it, nobody is forcing you.

sparkles22

Staff member wasnt causing trouble. Everything was agreed on both sides and the matter is now resolved. He has been back at work for several months, with no further incidents. Boss is happy with progress etc.

Spacey, no it was a pay rise, definatley. It just seems wrong that they can punich him even more given that it is supposed to now be 'case closed' on the matter ; he has taken his punishment i.e. a written warning on his file for a year. It's just so unfair

jacques_chirac

spacey2012 wrote: »

Such an event is one of the few things that can prove constructive dismissal.
Also the Equal pay act works both ways, if someone of opposite sex is paid more for the same work, then they have a case for a claim.

Are you confusing a pay rise with a cost of living adjustment ?

Please explain how this could be constructive dismissal. The employee has not met his KPIs for the year, so it is reasonable for his performance increase to be refused.

sparkles22 wrote: »

Staff member wasnt causing trouble. Everything was agreed on both sides and the matter is now resolved. He has been back at work for several months, with no further incidents. Boss is happy with progress etc.

Spacey, no it was a pay rise, definatley. It just seems wrong that they can punich him even more given that it is supposed to now be 'case closed' on the matter ; he has taken his punishment i.e. a written warning on his file for a year. It's just so unfair

The matter may have been resolved, but it is not 'case closed' until it is off his file.

sparkles22

Thanks for all advice given.

spacey2012

So the pay increase is not an annual cost of living rose applied across board to each employee ?