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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78592
Experience:  Qualified Employment Solicitor
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Hope you are doing well! I have an issue with discrimination

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Good morning, hope you are doing well! I have an issue with discrimination at work.
JA: Was there discrimination based on age, race, religion, gender, or disability?
Customer: No, it is regarding bonus payment. All of my colleagues got the Cost of Living Payment excluding me. May I explain the issue please?
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Employment group limited, over 750 full-time employees
JA: Where are you located? Discrimination laws vary by location.
Customer: Luton
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have confirmation where it says, that all employees will be paid for the bonus in the July salary. I am leaving the company in August, I have got my July’s payslip which doesn’t include the bonus.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.

I understand your employer has not paid you a bonus. Have they provided a reason for this?

Customer: replied 5 days ago.
Hello Ben, thank you for your time.
Customer: replied 5 days ago.
I am still waiting for their response, but my manager said it might be because I am leaving the company.
But the email clearly says all employees will be paid in July’s payslip, not only those which haven’t handled in their notice

OK thank you, ***** ***** is the bonus payment based on?

Customer: replied 5 days ago.
The payment based on raised cost of living. The email starts with the Ukrainian war consequences and other affects of raising costs.
I am even from Ukraine.
Customer: replied 5 days ago.
I haven’t got this bonus.

OK thank you, ***** ***** long have you worked for this employer please?

Customer: replied 5 days ago.
1 year 4 or 5 month

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 5 days ago.
Thank you so much, looking for your answer and have a lovely day!

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

It is unlikely that this will amount to discrimination from a legal point of view as that only occurs if you are being treated differently due to a protected characteristic.

The Equality Act 2010 lists several protected characteristics, which are protected from detrimental treatment. Therefore, if someone is using any of these protected characteristics to treat someone detrimentally, that will likely amount to unlawful discrimination. They are:

- age

- disability

- gender reassignment

- marriage and civil partnership

- pregnancy and maternity

- race

- religion or belief

- sex

- sexual orientation

Here, it looks like the difference in treatment is because you are leaving so this is not going to amount to discrimination.

Even if the employer said that all employees will get the bonus, your rights to actually receive only exist if this was a contractual right, which it does not appear to be (unless you will correct me and confirm that this is something you get under your contract). If it is not, it would be discretionary and as such the employer can decide who will receive it and if they decide that those who are leaving won’t, they can do that unfortunately.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 5 days ago.
Hello Ben, thank you for your help! Yes, it is not what I was expecting but at least I’ve tried and I know my possibilities.
Thank you again for your time and help! Have a lovely evening!

My pleasure and all the best

Customer: replied 5 days ago.
May I ask you, if I have a different case for my boyfriend, do I have to create a different conversation or you might help me with that as well?

it would have to be a new question please

Customer: replied 4 days ago.
Sure, thank you
No worries,thanks
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