Retention bonus whilst on maternity leave, different date to everyone else

lucylou32

Anyone here know about legal stuff? (I'm in the UK)
I've just realised, my company are offering me a one-off bonus (in addition to my basic salary) to sign a contract to remain with them for two years, starts November 2016 and ends November 2018. Other consultants in my office have received the same offer, but their dates are April 2016 to April 2018. I'm assuming my date is November, because that's when I'm due back after 12 mths maternity leave. However, I'm still officially classed as an employee now aren't I? So by giving me a later date, isn't that discrimination? What if I go back before the assumed 12mths, will they change the date?

sangie595

lucylou32 wrote: »

Anyone here know about legal stuff? (I'm in the UK)
I've just realised, my company are offering me a one-off bonus (in addition to my basic salary) to sign a contract to remain with them for two years, starts November 2016 and ends November 2018. Other consultants in my office have received the same offer, but their dates are April 2016 to April 2018. I'm assuming my date is November, because that's when I'm due back after 12 mths maternity leave. However, I'm still officially classed as an employee now aren't I? So by giving me a later date, isn't that discrimination? What if I go back before the assumed 12mths, will they change the date?

You are going to have to ask them - they don't have to give anyone a retention bonus, so there are not clear laws on this. But I don't think it is discrimination, no. The employer is between a rock and a hard place here, because giving you money to commit to two years working for them now undermines your right to decide to not return to work at the end of maternity leave, and could therefore be considered an unfair contractual term and not enforceable. So you could take the money and then waltz off, and potentially there would be little they could do about it. Waiting until after your maternity leave would mean that the term would be entered into on an equal basis, and if you commit to stay, then you would be open to legal action if you don't. And I would think that the fact they are offering it to everyone in this way suggests they will enforce it if anyone breaks the agreement.

getmore4less

Make sure the promise works both ways.

What are the terms if you do breach contract or they decide they don't want you