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Employer has reduced by bonus due to maternity leave...is this allowed?

10 replies

magbags · 06/02/2010 21:20

I am on maternity leave just now, i have been since August. My employer pays everyone at work an annual bonus, paid in the February pay packet. The amount is basically at the discretion of the MD but in general terms (if the company are doing well - which they currently are) staff get a similar sum year on year. It's normally a bit more than a months pay. I had my dd 3 years ago and got a full bonus whilst on maternity leave so I expected nothing different this time. I received the notification today that I would basically get half of what I got last year. At the moment I am assuming due to only being at work half the year? The same has happened to my colleague who is also on mat leave at the moment. Everyone else received their expected (full) bonus. Are we being discriminated against in this instance? Is there anything we can do?

TIA

OP posts:
magbags · 06/02/2010 21:27

Sorry in the thread title I mean "...has reduced MY bonus".

OP posts:
Bumperlicious · 06/02/2010 21:39

I'm not sure of the laws in regards to this but I know my organisation pays a bonus prorated for any time you are on full pay (for maternity that is 6 months). Have you checked your terms and conditions of employment. Strange that the rules have changed. I wonder if you have to be notified of substantial changes?

PotPourri · 06/02/2010 21:41

My understanding is that you are only entitled to it during the compulsory maternity leave (i.e. first 2 weeks when you are legally not allowed to work) as well as obviously the time you were at work before maternity leave.

The non-cash benefits (phone, car etc) you are entitled to, but as bonus is 'remuneration' then they are covered. Sorry

PotPourri · 06/02/2010 21:42

But check your contractual terms, it may well say you are entitled to more (mine does)

hotpotmama · 06/02/2010 21:43

Sounds like it.

My old boss once tried to pull a fast one on me and give me no bonus whilst I was on mat leave.

I was livid and was also going thru voluntary redundancy with them at the time so had a solicitor for that.

I just phoned my boss, asked him the reason why I got no bonus, he made up lots of rubbish as to why (had no evidence to support it as all my performance reviews were very good and I had email evidence of him singing my praises to directors before I went on leave). I just told him that I would be seeing a solicitor as it was blatant discrimination. Next thing I knew the HR manager was on the phone offering me the full bonus and apologising.

It's a bit different for you as you are not leaving but sounds like discrimination to me!

Sorry, don't know what else to suggest but am sure someone else will know what you should do.

hotpotmama · 06/02/2010 21:44

Although thinking about it my bonus did relate to before I went on mat. leave.

Missy8c · 07/02/2010 12:59

If it's a productivity bonus based on the company profits for a period,you are probably only entitled to a percentage in respect of the portion of the year in question during which you were actually at work. If you are not physically working then you cannot be considered to have contributed to the financial success IYSWIM. It's something that has come up in discrimination cases before and that was the conclusion.

magbags · 07/02/2010 21:14

Thanks everyone. Am gutted but should have known better than to count on it, I guess. I will still speak to the boss about his lack of comunication though as think the least he could have done was let me know of the change.

OP posts:
PotPourri · 07/02/2010 21:29

Probably worth going in strong though as they might buckle. Have heard of that before. Often they are well scared when you throw in discrimination...

becky1807 · 12/03/2012 20:28

Hi,

I wonder if anyone can help. My employer has told me that my bonus is going to be reduced as I have been on maternity leave. They have said it is not sex discrimination because I am getting a pro rata bonus based my my performance for the time I was there, this is the first year they have done this and also people on sick leave are getting the same. is there anything I can do about this?

Thanks :)

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