Removing Benefits

(20 Posts)
Mablethorpe Mon 31-Jul-17 12:06:13

Can an employer remove benefits according to poor performance? My boss had asserted that my poor performance cost the company money so has stopped paying my parking permit. I was also the only employee in 12 that didn't get a bonus or pay rise this year.

Just found out that he's giving his daughter (who works for the company in a very junior role) paid parking.

Am at work angry and upset and wanting to just walk but advice appreciated please.

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ofudginghell Mon 31-Jul-17 12:12:39

I would say this was not allowed unless a full performance review has taken place and it has been set out in writing and agreed/signed by both of you.

Do you accept that your under performing or do you get the feeling your being pushed out?
Sounds abit fishy to me

flowery Mon 31-Jul-17 14:59:41

How long have you worked there?
Is the parking permit part of your terms and conditions, either expressly or by custom and practice?
Is there anything in your contract of employment or other document relating to the parking permit (or benefits in general) in terms of employer's right to review/amend/remove it?

Mablethorpe Mon 31-Jul-17 17:41:56

Flowery Parking was agreed 2.5 years ago (I've been there three years in total) on the proviso I was able to do a certain thing for the business, which I did.

It's not in my contract as was agreed a short time after. It's always been paid for until last Christmas when it was asserted that I'd not performed well. Part of the issue was down to training which hadn't been addressed.

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Mablethorpe Mon 31-Jul-17 17:43:19

And the training issue still hasn't. Also was told I'd have monthly one to Ines and this hasn't happened either.

I report directly to the MD.

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flowery Tue 01-Aug-17 18:51:49

If your employer stopped paying for your parking last Christmas why are you suddenly upset now? Did you raise it at the time?

Mablethorpe Tue 01-Aug-17 19:52:06

I see d at the time. Was told it'd be reviewed in the summer. All bought to a head by this weeks events (a more junior member of staff and his daughter to boot) getting paid parking.

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Mablethorpe Tue 01-Aug-17 19:53:14

Sorry, meant to say I did raise it at the time. Wasn't helped by the fact my dad was dying ( he passed in April) so I wasn't able to argue.

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flowery Wed 02-Aug-17 08:24:33

Not sure how the daughter is relevant really. Irritating but not really relevant to you.

If your parking was conditional on you doing this "certain thing ", are there any grounds for your boss saying you are no longer doing it?

Neverknowing Wed 02-Aug-17 11:21:52

His daughter could be relevant as it could be considered nepotism. I would certainly think so. Especially if it seems they're paying her parking over yours, if they're paying hers instead of yours then definitely.
I'd bring it up with HR, I doubt they want to be sued.

flowery Wed 02-Aug-17 11:39:25

Nepotism isn't unlawful. OP can't 'sue' anyone because they give their daughter a parking permit. She needs to consider whether her own terms and conditions are being varied without her consent, not whether the daughter should have a permit or not.

PigletWasPoohsFriend Wed 02-Aug-17 11:42:11

I'd bring it up with HR, I doubt they want to be sued.

You can't sue just because you don't like something.

Neverknowing Wed 02-Aug-17 13:09:47

You can sue for nepotism if you've lost money, which the op will have if she can prove that the daughter was given a pass over her.
There are few laws against nepotism but there are laws against discrimination and they can use them both as they can overlap. Sorry if that doesn't make sense. Defo speak to HR though !

flowery Wed 02-Aug-17 13:25:32

No it doesn't make sense. Can you refer me to the legislation which allows an employee to sue his/her employer if a family member is given a benefit the employee doesn't think they deserve please?

Neverknowing Wed 02-Aug-17 14:33:58

Woah chill out @flowery. There's no need to get angry 😂
I don't have a resource but I know that's exactly what my father did when he was pushed out of a promised promotion for the bosses son. Obviously that's not the same situation but there are some LIMITED laws that protect people from nepotism there are also some laws that protect against discrimination and they can overlap which can create a case. Even if in the ops case this isn't true speaking to HR is a good idea, favouritism is still wrong in the workplace and obviously as the op mentioned it she believes it is.

flowery Wed 02-Aug-17 15:05:13

Who said I'm angry? What a strange assumption. I agreed with your indication that your post might not make sense made a perfectly polite request.

It irritates me when people without legal knowledge come on threads and give advice about the law, as they are frequently wrong and might mislead readers who assume they are right (not necessarily the OP) into ill-advised action. It's irresponsible.

But I'm happy to be educated and if somehow during my career I've missed some legislation which allows people to 'sue' their employer on these grounds, I'd love to hear about it as it might possibly be relevant to my clients. Perhaps you could ask your father what legislation he used to sue for nepotism.

Not sure where discrimination has come in? OP has given no indication that she feels discrimination was involved?

flowery Wed 02-Aug-17 15:06:08

and made a perfectly polite request.

Neverknowing Wed 02-Aug-17 19:23:53

In the original post I feel like I made it clear I didn't know for sure. Also, a quick google will show you that sometimes you're able to sue for nepotism 
I totally understand your frustrations though @flowery.

PigletWasPoohsFriend Wed 02-Aug-17 19:27:01

Don't bother with qualifications solicitors just Google hmm

Mablethorpe Wed 02-Aug-17 22:24:12

I am essentially the HR person for the company given that I report directly to the MD and am the only member of staff working in administration. This complicates matters as I'm sure you can see as I don't have a line manager to complain to, only the overall boss and owner if the company.

I addressed my concerns with him today and was told that the company cannot afford to reinstate my parking despite my performance now being beyond adequate.

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