Employment Law Advice Please

[Smackbat]

I need some advice please on sickness absence and performance related pay.

Due to a period of sickness, in 2005 early 2006 I was deemed to have breached the acceptable limit of sick days and in April 2006 I was placed on sickness review for 6 months. This sickness was authorised, documented and I was paid for the period. Becuase I was on sickness absence review I was notified that I was not due to receive the company bonus in June despite having hit targets and performed well. It was confirmed to me verbally that any bonus owed would be held back and paid in January as long as I was not absent again during the year. I have not been off sick since. In my appraisal on wednesday I was informed that I had not accrued any bonus for the period I was on absence review despite being told otherwise. I have since spoken to the manager who told me I would receicve the bonus, and he remembers the conversation and has again confirmed that we were told we would receive the payment in January.

I have now spoken to a friend who has advised me that my company may be in breach of european regulations because I was paid for the sickness, it was authorised by management, I was not offered a witness at the time of the return to work interview, the interview was not minuted, and now they are docking bonus payments despite me performing well above average.

Please can someone advise me on where to go from here or if there are any regulations I can read up on.

Your help is much appreciated.

[prushton]

Hi, while I dont know the legal status of withholding your bonus, I would have thought that you should have been informed ( when the bonus scheme was introduced ) that in certain circumstances ie sickness , unauthorised absence etc that these will result in x amount being taken from your bonus for each offence.

 

I work for BP and we have a company bonus scheme of £100 per month and a final additional bonus of £500 being paid at the end of the year. If I am sick, regardless of the reason we were told when the scheme was set up that for incidences of sickness in any one month, then we would lose x percent of that months bonus. We were also told that we could have 21 days sick without it effecting the final £500 installment. if the 21 days were spread into different months then we would lose x amount from each months bonus payment.

 

I would have thought that if they hadnt stipulated at the time the scheme was implemented that you would have x amount deducted as a result of you being sick in any one period, then they could hardly turn round,and because you have been sick for an extended period take away your bonus. This could only be seen as a punitive measure. Have you a recognised union at work and are you a member?

 

if yes speak to your shop steward to see if there was anything agreed with the union,regarding withholding bonus payments in certain circumstances. If not then the union shop steward should be able to confront management on the issue.

[Kaiser Jonesy]

Smackbat, I have read your post and would ask the question - 'what do the bonus scheme guidelines stipulate?' With that information you will be able to see if this witholding of bonus is correct. Everything seems to have only been agreed verbally so what is in black and white? If you can get more information I will be happy to advise further.

[Kaiser Jonesy]

I have now spoken to a friend who has advised me that my company may be in breach of european regulations because I was paid for the sickness, it was authorised by management, I was not offered a witness at the time of the return to work interview, the interview was not minuted, and now they are docking bonus payments despite me performing well above average.

 

You also wouldn't be offered a witness present in a return to work interview, nor is there a legal need to minute such interviews.

[Jimbo44]

You also wouldn't be offered a witness present in a return to work interview, nor is there a legal need to minute such interviews.

 

Irrespective of what the law may or may not say, good practice also means that a 'witness/work colleague' should be present at any formalised interview with management.

[patdavies]

My first reaction would be to request a copy of your personnel file from HR to see what notes are on the file.

 

Even if the meeting wasn't minuted, there should be notes on the file.

 

If HR refuse, then use a SAR under the DPA to force the issue. Anything that is not disclosed to you cannot be used against you - since to do so would be an admission of a breach of the DPA.

[Kaiser Jonesy]

Irrespective of what the law may or may not say, good practice also means that a 'witness/work colleague' should be present at any formalised interview with management.

 

"Good practice", I'm afraid, is not something that is readily practiced by many organisations. Return to work interviews are not formal interviews and would therefore not require a work colleague present. Formal interviews are more along the lines of your disciplinary and grievance procedures.

[BelleVix]

Hi Smackbat,

 

I hope this has now been resolved satisfactorily... but if it hasn't, dig out your terms and conditions of employment, as well as any other paperwork given to you by your employer and see if you can talk to someone at the citizens advice bureau - they have been really helpful in the past so they might be able to help you. I hope they can!

 

Belle

[Smackbat]

Thanks to everone here, I have now managed to resolve the situation without making things too difficult for myself. I agreed a middle ground with the management after veiwing my personal file and seeing nothing was documented. Having presented my case to my manager, it was obvious that they were on very very shaky ground on this matter and a number of others.