Bonus query

[EmilyMay89]

The last two years my work have started to give a fixed bonus (non-contractual) at the end of the financial year (31 May). HR state that the bonus would be pro-rata'd for part time or those who joined during the year.

I was on maternity leave full time for 10 months of the financial year, returning part time for the last 2 months of the financial year.

Receive my bonus and it's been done as if I was part time for the year. I've queried this, and I've been told they just look at your hours on 31 May, they don't look back.

I've asked to see the terms, they said there aren't any as it's a non-contractual bonus.

Just wondering if anyone has experience in this? To me it seems quite unfair!

If it is pro-rata'd for joining during the year then surely they aren't just looking at the hours on the last day of the financial year and they do look back.

Any thoughts, opinions, facts would be appreciated! Trying to decide whether to push this further but not sure where to start

The fact it’s non-contractual is irrelevant. If they pay a bonus they have to be consistent in how they pay it and pro rate it.

They are quite silly not having rules as this means they can’t say they are following the rules. Rules can be unfair to everyone but not inconsistent.

You need to talk to your TU and ACAS.

I would look at sex discrimination/equal pay. If you have stats that show most part timers are women then this policy is adversely affecting women.

Digout all the correspondence they issue about this years bonus and look carefully at the wording - what is it awarded for? Any mention of contribution to objectives etc. point out that your relative contribution is not being fairly recognised. The fact you were on Mat leave is irrelevant.

@Tippingadvice it's a fixed amount irrespective of performance to reflect the financial performance of the company.

I'll have a bit of a dig around today to see what I can find. Thank you!

As pp says, the important thing is that it's been applied consistently. It's ok for them to "look back" for new joiners but consider a snapshot for part timers as long as that's how they've done it for everyone. Do you know anyone else who went full time to part time or vice versa or changed their number of PT hours during the year?

If you are in the U.K. then ACAS have a free helpline where you could talk to them

If they have put in writing there are no rules email back and say there must be because:
a) it is paid at a flat rate
b) you use part time hours on 31 May to prorate
c) you pro rate for new joiners.

All 3 of those are “rules” so please may I have a copy of the rules HR/payroll apply when paying the bonus. For example what is the methodology used to prorate nee joiners.

If they are stupid enough to keep putting in writing there are no rules they can’t then say but here they are.

If you are public sector I would also ask for the equality impact assessment.