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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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My workplace has paid a bonus to everyone and refused to pay

Resolved Question:

My workplace has paid a bonus to everyone and refused to pay it to any staff who have had any kind of warning, I have had a first written warning 11 months ago which lasted 6 months and is now expired, is this legal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Is the bonus entirely discretionary under your contract of employment?

Customer: The bonus has never been given before, it was given because the business did very well over the Xmas period and was a one off bonus
Customer: I have worked there for over 20 years and surely they can not discriminate like this ? I worked as hard as everyone else to earn the bonus !
tdlawyer :

Okay. Then assuming it is discretionary, and not an obligation in the employment contract, it would be lawful for them to pay it to whomever they chose. Yes, this is discrimination, but it is not unlawful discrimination. It would only be unlawful if the decision to refuses bonuses was on an unlawful ground, such as one based on sex, or age for example. If they say, we're not paying women, or people over 40, then that would be unlawful. If they said, we're not paying people who have had warnings, then that would not be unlawful.

Customer: No bonus for me then ! Ha ha
Customer: Thankyou and have a nice day !
tdlawyer :

Thank you too. Sorry it wasn't better news.

tdlawyer :

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