Bonus Payment

UnicornGnome21

The company I work for has excluded temporary workers from receiving bonus payments where all staff who are permanent have received this payment. Some have been employed less than 3 months are permanent and qualify for a partial payment. Is this correct and has the company unfairly treated staff on temp contracts some who have been there for over a year. Any advice appreciated on this.

DE_612183

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Marcon

DE_612183 said:

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710 said:

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca said:

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Hmmm...The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002.

'Less favourable treatment could occur when a fixed-term employee does not receive the same benefits as a comparable permanent employee (whether these are contractual or non-contractual) or is offered a benefit on less favourable terms.  For example, a fixed-term employee may be offered fewer days holiday, or may not be entitled to participate in the employer’s bonus scheme.' 

Clearly not everyone has heard of/understood the impact! There needs to be 'objective justification' for treating  temps differently, and none of the ideas outlined above is likely to cut much ice.

Marcon

UnicornGnome21 said:

The company I work for has excluded temporary workers from receiving bonus payments where all staff who are permanent have received this payment. Some have been employed less than 3 months are permanent and qualify for a partial payment. Is this correct and has the company unfairly treated staff on temp contracts some who have been there for over a year. Any advice appreciated on this.

Yes. Refer them to the regs in my post above...

HampshireH

Marcon said:

DE_612183 said:

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710 said:

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca said:

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Hmmm...The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002.

'Less favourable treatment could occur when a fixed-term employee does not receive the same benefits as a comparable permanent employee (whether these are contractual or non-contractual) or is offered a benefit on less favourable terms.  For example, a fixed-term employee may be offered fewer days holiday, or may not be entitled to participate in the employer’s bonus scheme.' 

Clearly not everyone has heard of/understood the impact! There needs to be 'objective justification' for treating  temps differently, and none of the ideas outlined above is likely to cut much ice.

Surely there is a difference between a fixed term contract and being a temp?

When I have had temps they haven't had fixed term contracts

Marcon

HampshireH said:

Marcon said:

DE_612183 said:

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710 said:

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca said:

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Hmmm...The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002.

'Less favourable treatment could occur when a fixed-term employee does not receive the same benefits as a comparable permanent employee (whether these are contractual or non-contractual) or is offered a benefit on less favourable terms.  For example, a fixed-term employee may be offered fewer days holiday, or may not be entitled to participate in the employer’s bonus scheme.' 

Clearly not everyone has heard of/understood the impact! There needs to be 'objective justification' for treating  temps differently, and none of the ideas outlined above is likely to cut much ice.

Surely there is a difference between a fixed term contract and being a temp?

When I have had temps they haven't had fixed term contracts

Someone without a fixed term contract normally has the same rights as a 'permanent' employee after 12 weeks of continuous employment - I should have included that in my previous answer. Thank you for picking it up.

A fixed term contract is a temporary contract, but with a termination date included.

Charlotte_Ca

You can check this with a lawyer. Some of them give free legal advise on a pro bono basis.

If not sure how to find one, check on google free legal advice and it will show up organisations were you can register with them and they will book an appointment for you with a lawyer to discuss this.

DullGreyGuy

Marcon said:

HampshireH said:

Marcon said:

DE_612183 said:

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710 said:

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca said:

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Hmmm...The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002.

'Less favourable treatment could occur when a fixed-term employee does not receive the same benefits as a comparable permanent employee (whether these are contractual or non-contractual) or is offered a benefit on less favourable terms.  For example, a fixed-term employee may be offered fewer days holiday, or may not be entitled to participate in the employer’s bonus scheme.' 

Clearly not everyone has heard of/understood the impact! There needs to be 'objective justification' for treating  temps differently, and none of the ideas outlined above is likely to cut much ice.

Surely there is a difference between a fixed term contract and being a temp?

When I have had temps they haven't had fixed term contracts

Someone without a fixed term contract normally has the same rights as a 'permanent' employee after 12 weeks of continuous employment - I should have included that in my previous answer. Thank you for picking it up.

A fixed term contract is a temporary contract, but with a termination date included.

Never been an FTC but have worked in many companies that use them. 

The FTCs there had a discretionary bonus in their contract, in the same way as all the perms did, however the companies made it clear from the outset that the discretion will be used not to pay them one but then they were being paid circa 15% above the pay rate of a perm. 

All employers can cross the line on legalities but would be surprised given how consistent its been that all multi-national companies are making the same decision to act illegally 

DE_612183

HampshireH said:

Marcon said:

DE_612183 said:

They can decide who gets the bonus and who doesn't - unless they discriminate based on protected characteristics - such as race, religion, sexual orientation etc.

Whilst this may not be fair, the company may shoot themselves in the foot if they think they will get the same work ethic from temporary workers as permanent ones.

I was an IT contractor for years and certain companies excluded us from things like Christmas parties etc.

lincroft1710 said:

Much of the perceived unfairness in employment is perfectly lawful and this is what matters whether an action or inaction is lawful or not. Not giving bonus payments to temp workers just because they are temp workers is not unlawful

Tucosalamanca said:

No entitlement whatsoever, temp workers are disposable tools.
You are employed until they don't have a use for you anymore.

Sorry to be brutal about it but it's naive to think that the company has any loyalty to you.
They might dress it up and pretend that you're part of the team but you're really not.
They won't give you a bonus because they don't need to...

Hmmm...The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002.

'Less favourable treatment could occur when a fixed-term employee does not receive the same benefits as a comparable permanent employee (whether these are contractual or non-contractual) or is offered a benefit on less favourable terms.  For example, a fixed-term employee may be offered fewer days holiday, or may not be entitled to participate in the employer’s bonus scheme.' 

Clearly not everyone has heard of/understood the impact! There needs to be 'objective justification' for treating  temps differently, and none of the ideas outlined above is likely to cut much ice.

Surely there is a difference between a fixed term contract and being a temp?

When I have had temps they haven't had fixed term contracts

Good point - does the OP work directly with the Company or via an agency?