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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is this legal in employment?

117 replies

Isthebusstillrunning · 07/08/2023 18:50

An hourly paid job that has a 'bonus rate' attached to the hourly rate. Paid monthly, each month you'll be paid the bonus rate as long as you aren't off sick. If you're sick or absent, you'll lose the bonus rate.
Aibu to think this is not legal? It's punishing people for being sick.
Ofc there are always people who take the piss and skive sometimes but we're human, sometimes we are unwell and it cannot be helped.
I find it outrageous and have never heard this before.

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Isthebusstillrunning · 07/08/2023 19:03

That's a good point.
And I have never been a fan of 100% absence incentives in school.
I hate this whole shaming and stigma around being off sick.

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Beetlekiwi · 07/08/2023 19:04

Family member passing would be compassionate leave - not sickness. That’s how it works at my company.

pumpkin1212 · 07/08/2023 19:04

I used to get an attendance bonus. My train was late one day, I was late by about 5 mins and that's it, no bonus that month. It is what it is.

Isthebusstillrunning · 07/08/2023 19:05

Having previously worked in care, there was another dodgy practice.
You had to ring the on call number to ring in sick, fair enough. However the on call team would then put you through to the management who would beg and persuade you to come in as they were 'really short staffed ".
It was manipulative and took advantage of people.

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ThrappleApple · 07/08/2023 19:05

I've worked in a factory with an attendance bonus. Friday hours were 8-2pm and sometimes people decided to start their weekend early and just get docked 5.5 hours. An issue when you're running a production line. The attendance bonus was to ensure people turned up for shifts five days a week. (It worked)

RoseAndRose · 07/08/2023 19:05

donkra · 07/08/2023 18:54

Why wouldn't it be legal? As long as the regular rate is above minimum wage, an employer can choose to financially reward any behaviour they like unless said behaviour is itself illegal or the incentive discriminates against a protected class. They can choose to pay people with long hair bonuses if they want to.

You may not like it or think it's a good idea. But that's a long way from "illegal".

How does that work if the medical condition is covered by DDA?

Mumof2teens79 · 07/08/2023 19:05

In an hourly paid job, especially on a zero hours contract or similar I expect they get quite a lot of absence.
They specifically are not punishing sickness, they are rewarding commitment. Anyone who is genuinely sick once in a while will be fine, but it will really discourage those people who take a day every month.

BiscuitsandPuffin · 07/08/2023 19:05

Isthebusstillrunning · 07/08/2023 19:01

Well it is if you've been in every other single day with the intention to achieve this bonus. Then because of something out of your control you lose it.
I imagine a lot of these posters saying it's right do not have this in their own jobs.

Look I think it's a stupid policy and I'd hate for it to be pushed on me, but (and this is a big but) it's a bonus, you're not losing basic pay if you go off sick. I used to work in insurance sales which was basic pay plus commission. Basic pay was bare minimum, but that's what you counted on and budgeted for each month and you worked towards hitting your targets. If a sales person doesn't hit their targets, they don't lose their pay, they lose their bonus. This is just a different type of target. It's entitled to expect a bonus for not hitting a target, sorry.
Again, I think it's a stupid policy and your employers are clearly dicks.

Isthebusstillrunning · 07/08/2023 19:05

It came under 'absence' so honestly not sure if compassionate leave would be accepted. I think it's basically anything that isn't a pre booked holiday.

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Blossomtoes · 07/08/2023 19:05

Isthebusstillrunning · 07/08/2023 18:56

Sometimes sickness can't be helped. I just think it's wrong to penalise people for it.

That isn’t what’s happening. It’s incentivising people for perfect attendance.

Sapphire387 · 07/08/2023 19:06

I'd be thinking along the lines of indirect discrimination against disabled people and pregnant women.

Isthebusstillrunning · 07/08/2023 19:06

If we take a day or two off, we already lose pay with it being zero hours, as SSP is only paid after day 3 I think.

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Testina · 07/08/2023 19:07

Isthebusstillrunning · 07/08/2023 19:02

Lose one day's bonus, fair enough. Lose the entire month's bonus is too far. Fair enough it is legal, I certainly don't see it as ethical though.
Imagine that suddenly a family member passes away and you need a day off? Should you lose the entire month's then?

Where’s the incentive not to call in sick then? I’m sure if the employer found losing ons day bonus was incentive enough, they’d do that.

In many jobs, last minute sickness puts extra work onto those who are present. So perhaps the bonus is also inadvertently rewarding them for picking up the slack - for both genuine and fake colleague sickness.

I think that conscientious employees can be completely unrealistic about some people. We used to actually record in a book who had died when people needed time off for funerals, after a few conversations between shift managers revealed that one guy seemed to have more than the average number of grandparents! 🤣

Isthebusstillrunning · 07/08/2023 19:07

True.
They should do something like 95%, I don't think striving for 100% perfection is fair or realistic.

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Mumof2teens79 · 07/08/2023 19:08

Isthebusstillrunning · 07/08/2023 19:05

Having previously worked in care, there was another dodgy practice.
You had to ring the on call number to ring in sick, fair enough. However the on call team would then put you through to the management who would beg and persuade you to come in as they were 'really short staffed ".
It was manipulative and took advantage of people.

Trying to persuade you to come in is out of order....but In my workplace you have to call your manager that's the rule.

Isthebusstillrunning · 07/08/2023 19:09

I just don't believe in incentives around sickness. Normally if you have more than 3 days in 6 months or whatever it requires a meeting to address why. It's barely anything to begin with.

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Isthebusstillrunning · 07/08/2023 19:10

Anyway, I guess it's just one of those things.

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Rivermedway · 07/08/2023 19:11

You haven’t lost anything as you’re still getting your wage.

A bonus is a bonus, not mandatory. Different companies have difference ways of doing this - in some everyone gets the same amount, in others, it’s performance related.

You not being penalised for being sick, but being rewarded for attending.

MarmiteWine · 07/08/2023 19:11

Isthebusstillrunning · 07/08/2023 18:56

It's not the sort of job where others will have to work harder as a result.

How is this true but also the fact you're looking after sick people? If you're absent someone else will need to do the work.

Isthebusstillrunning · 07/08/2023 19:12

Not really.

Thanks to the others though.

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AndIKnewYouMeantIt · 07/08/2023 19:13

Any firm with even one HR rep would tell managers that you can't apply this to employees with a disability or pregnancy where the absence relates to either of these things. There have been numerous tribunals and the employers do not win.

Testina · 07/08/2023 19:15

Isthebusstillrunning · 07/08/2023 19:07

True.
They should do something like 95%, I don't think striving for 100% perfection is fair or realistic.

My years of experience know that you get a rather substantial group of employees checking their sickness % is at 97% and working out they’ve got 2% more sickness time that they genuinely feel they are owed!

Not just knowing they can get away with. The language really is, “I’ve got 3 more sickness days I can use up.”

I know I sound cynical, but this is my experience coming from the shop floor and working with others who have also done so. And managing those who don’t even try to hide it. I’ve worked in HR and had people pop their head in and say, “Testina, could you check and see his many sick days I’ve got owing

Isthebusstillrunning · 07/08/2023 19:16

That is true.
However they are already losing a day's pay due to it being a 0 hours contract, and no SSP for first 2 consecutive days.
I imagine it's the case in paid sickness jobs though.

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OneTwoThreeShake · 07/08/2023 19:17

Yes it's legal. And no, you don't lose anything. You just don't achieve the bonus if you're off sick.

Absence is generally broken down into authorised absence which includes holiday, maternity, paternity, bereavement etc, and unauthorised absence which consists of sickness, emergency parental leave etc.