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Original poster

Lower bonus after maternity

23 replies

Vivi0120 · 30/04/2022 15:12

I just came back from maternity leave and I used the whole year of which 6 months I'm entitled of a bonus. My bonuses have always been above average due to my performance but now I was told my bonus will be 10% less than what i expected. Now, there is no performance piece as I was obviously wat so there is no reason to get lower bonus.
I'm wondering whether this is something I can challenge with them? It feels like discrimination as I was off.

Thank you all for sharing your thoughts or experiences!

OP posts:

PartyPlan · 30/04/2022 15:14

I would be interested in this too. I don’t know the answer but bumping for you.

JaninaDuszejko · 30/04/2022 15:19

I work for a big company and our policies have always said performance related pay increases will be pro rata for people who are PT, have had periods of long term sick or have been on maternity leave. Unless that has changed recently (I've not had to check it for a few years) I think it's fairly standard.

Original poster

Vivi0120 · 30/04/2022 15:32

The 10% is lower than the prorated if this makes sense. So for example I'm entitled of 1000 pounds but they gave me 900.

OP posts:

Original poster

Vivi0120 · 30/04/2022 15:33

And as an addition if I was working and not on ML I would be entitled of let's say 2000. So I understand why I am entitled to half but I don't get why they took away even more.

OP posts:

girlmom21 · 30/04/2022 15:44

Are there targets you have to hit for different amounts of the bonus?

ResentfulLemon · 30/04/2022 15:44

Have you reduced your hours on returning to work? Our bonuses are paid at the % of full time employee and wages at the time of payment, not over the time of the qualifying period.

Livi0098 · 30/04/2022 15:49

I haven't changed role or hours. I have always been top performer and my bonus has always been above average historically.

We do inly have a target bonus but it's a combination of company and personal performance. They obviously can't take money because of performance I wasn't working for an year.

ShirleyPhallus · 30/04/2022 15:52

I’d find out the exact terms and structure of the bonus

if it’s related to company performance then YANBU

if it’s related to personal performance I think you’d be lucky to receive any bonus at all, given you haven’t actually been there?

girlmom21 · 30/04/2022 15:52

Livi0098 · 30/04/2022 15:49

I haven't changed role or hours. I have always been top performer and my bonus has always been above average historically.

We do inly have a target bonus but it's a combination of company and personal performance. They obviously can't take money because of performance I wasn't working for an year.

Is this a name change fail?

They're not taking money away for you not hitting targets - they're just not giving it to you for not hitting targets. It doesn't matter what you'd normally achieve if you haven't achieved it this year. It'd be the same if you'd been off sick.

SergeiL · 30/04/2022 15:54

Do you know what others received? Our bonuses go up and down based on the company performance so a drop is conceivable, depending on the industry. It’s very hard to argue a discretionary bonus is ‘too low’, especially when you have not been in the business to over perform.

I would speak to your line manager in the first instance.

Rrrunrunrunrunrun · 30/04/2022 15:56

I had the same issue and was told it is legal because a bonus is discretionary.

NoSquirrels · 30/04/2022 15:56

Why do you think you are guaranteed a particular amount? The way I understand bonus payments, they fluctuate. So if there is a company performance element, and an employee targets element, if the company didn’t perform as well as expected that but would be less, and if your personal element is performance related e.g. sales targets or similar, then 6 months off work would lead to a reduction in this element.

Can you spell out what you were expecting of each element, and what’s happened?

Original poster

Vivi0120 · 30/04/2022 18:50

The target bonus is already adjusted to company performance so based on my personal performance it could go up or down. Since I was away I expected just the average. I don't understand why they had to take out money. As I said the amount is already adjusted based on the days maternity and performance.

I just think it is unfair because at the end of the day I'm eligible for a certain amount and taking out of it seems illogical based on my historical performance.

By what I'm reading I'm thinking it's a lost cause though and I should suck it up although I feel it is hundred percent discrimination.

OP posts:

Original poster

Vivi0120 · 30/04/2022 18:50

I just think it is unfair because at the end of the day I'm eligible for a certain amount and taking out of it seems illogical based on my historical performance.

By what I'm reading I'm thinking it's a lost cause though and I should suck it up although I feel it is hundred percent discrimination.

OP posts:

redskyatnight · 30/04/2022 18:55

The target bonus is already adjusted to company performance so based on my personal performance it could go up or down

So you're saying that, as you weren't there , you should have got the bonus of an "average" performer, but they've actually given you the bonus of a "lower than average" performer. I'm not sure how you should argue you should receive performance related increments when you weren't there.

girlmom21 · 30/04/2022 18:57

I just think it is unfair because at the end of the day I'm eligible for a certain amount and taking out of it seems illogical based on my historical performance.

Has any other years bonus ever been based on your historical performance?

donquixotedelamancha · 30/04/2022 19:12

By what I'm reading I'm thinking it's a lost cause though and I should suck it up although I feel it is hundred percent discrimination.

On the face of it, it does sound like discrimination. I don't understand why you would accept it, legislation around maternity discrimination is strong and you have hard numbers to prove it.

Speak to ACAS about the specifics, then contact your HR.

Original poster

Vivi0120 · 30/04/2022 19:58

So it seems I'm getting a lot of hostility here on the basis that I wasn't there and wasn't performing. Yes, I wasn't.

If my company's policy was - you are not here, you are not eligible for a bonus I would accept it. However, what the policy is that half of my maternity is bonusable. Now, since I wasn't there, obviously, yes you can't base the amount on current performance. If I'm eligible for 1k, again, I don't see why I wouldn't get it. My employer is doing me no favour, it's their policy to have bonusable maternity leave.

I won't feel bad that I was away for a year. I bust my ass every day at work and work harder than anyone in my team and previous years bonuses clearly show that. Not to mention it looks bad as it looks like I didn't perform well but I wasn't even there. So on your point how can you perform well if you are not there I will ask how did I perform unwell if I wasn't there to be taken money that I'm eligible for in the policy?

OP posts:

ImBurtMacklin · 30/04/2022 20:06

Is 90% now the average across the board, and previously you’ve been a higher performer?

redskyatnight · 30/04/2022 20:20

So on your point how can you perform well if you are not there I will ask how did I perform unwell if I wasn't there to be taken money that I'm eligible for in the policy?

Depends how your targets are managed.
(I don't know what your job is but I'll use sales as an example)

If the bonus is awarded such that the lowest 10% of performers get low bonus, 80% of performers get average bonus and 10% of performers get high bonus, then I can see the argument that you should get "average" bonus as you weren't performing badly per se.

if the bonus is awarded such that people selling less than £1000 get low bonus; people selling between £1000-£5000 get average bonus and people selling more than £5000 get high bonus, then it's much harder to justify that you should get the "average" bonus as you did actually sell less than the £1000 requirement. The fact that historically you might have always got the high bonus is irrelevant.

girlmom21 · 30/04/2022 20:50

So on your point how can you perform well if you are not there I will ask how did I perform unwell if I wasn't there to be taken money that I'm eligible for in the policy?

Is the policy that you get a set bonus unless you perform poorly? If so, your argument is completely legitimate.

If the policy is that you get a certain level of bonus dependant on the standard of your performance, you should only be entitled to the company performance section.

Does the policy specifically state what happens if you're on statutory leave?

NoSquirrels · 30/04/2022 22:34

Absolutely not trying to be hostile, I’m sorry if it appeared that way, OP. It’s just that as bonuses are discretionary and can therefore vary wildly depending on the actual terms of how they are awarded, actual figures & policies would probably be useful in this case.

Maybe you are being discriminated against, but maybe you aren’t. It’s hard to say or understand without specifics.

Original poster

Vivi0120 · 01/05/2022 08:49

Thank you all. I appreciate your point of view. I know my target bonus figure but I don't know if there is a particular HR document to outline how the actual bonus while on maternity. I will reach out to HR to see if such policy exist and will go from there.
We are talking about a manager here that took bonus away from a person who took 4 days sick leave in a financial year, so I'm inclined to believe he didn't pay the bonus because he thinks I was away and didn't deserve the money which is discriminatory in my view, so I will see what I can find in terms of policies. I'm thinking it will be impossible to prove wrongdoing as you are right bonus is discretionary so legally they will be covered.
Thanks again everyone :)

OP posts:

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