HR/Work issue

blueinsa

Well-Known Member
Joined
16 Nov 2021
Messages
1,715
Team supported
City
Any HR minds that could help with a couple of issues?

1. company policy states any positive covid test means you have to go home and can not work. Mind self isolation is no longer a legal requirement, you do as you are told, go home and then get told you are not being paid because you are off sick. Yes, technically you are but you have been sent home as per policy. Should you get paid and is there a legal stance you could take on this?

2. Company issues a 2% pay rise. You then don’t get it and get told you had a pay rise less than 12 months before. You tell them you had a contracted performance related pay rise as you met pre set performance conditions so why should you then be penalised by not getting what everyone else is? Again, tough shit or can you legally fight this?

Thanks in advance.
 

Gaudion M

Well-Known Member
Joined
5 Sep 2014
Messages
10,478
My guess:

1 - yes sounds like a case you would win but the question is always is it worth the fight? Classic case where a union should get involved and stand the time/cost issue.

2 - I would imagine that this is less likely to be a case you would win. One you could argue but unless its some sort of discrimination i woulkd guess the terms of contract allow them to review pay however they want. You have to weigh up if its worth the effort.
 

chabal

Well-Known Member
Joined
10 Apr 2011
Messages
10,215
1. Possibly. Employers have a duty of care to all staff and can send employee home (on sick) if they reasonable belief employee is ill. The issue is whether there are any steps your employer can take to allow you to work without putting others at risk e.g. social distancing, mask wearing, working form home etc. To the best of my knowledge individual employers can deternine whether a COVID related absece counts as sick leave and therefore how it is remunerated

2. In this case it depends on what your contract of employment states, what your company pay policy is and what information you were given. If you have a contract that states there are both peformance related bonuses as we all as annual pay awards then it seems unreasonable for one to be disallowed because the other has been provided.
 

I'm With Stupid

Well-Known Member
Joined
6 May 2013
Messages
13,772
It's definitely worth finding out for the second one. Don't underestimate management's ability to not actually know their own rules or the law. Three employers I've worked for have had to pay out backdated pay because they didn't properly read what was in their own terms of service or didn't know the law.
 

HolisticJim

Well-Known Member
Joined
28 Jan 2009
Messages
3,763
1. Possibly. Employers have a duty of care to all staff and can send employee home (on sick) if they reasonable belief employee is ill. The issue is whether there are any steps your employer can take to allow you to work without putting others at risk e.g. social distancing, mask wearing, working form home etc. To the best of my knowledge individual employers can deternine whether a COVID related absece counts as sick leave and therefore how it is remunerated

2. In this case it depends on what your contract of employment states, what your company pay policy is and what information you were given. If you have a contract that states there are both peformance related bonuses as we all as annual pay awards then it seems unreasonable for one to be disallowed because the other has been provided.
This is the correct answer.

As for point 2 the only thing I would add is a lot of elements such a PRP are non contractual and can be withdrawn. It would depend on their reasoning whether you had a case and if this was isolated to just yourself.
 

blueinsa

Well-Known Member
Joined
16 Nov 2021
Messages
1,715
Team supported
City
For clarity, I have been with the company over 2 years now. During the first year I got promoted to a managerial position and when pay awards where given out I didn’t get because they said I’d had one. No I said, I’ve been promoted and been given a salary to reflect my new position but they said no and I said fuck it and let it slide. This year I was given a 3 month kicker. I hit all targets given to me over that period and was given a £1000 pay rise as per the contracted kicker. Had I not hit targets I wouldn’t have received it. Now I’m told again that I won’t get the yearly pay award, that’s twice in the spin and I’m fucked if I’m working my arse off to then be basically told we will take it back whilst others who have done fuck all get more.
 

chabal

Well-Known Member
Joined
10 Apr 2011
Messages
10,215
For clarity, I have been with the company over 2 years now. During the first year I got promoted to a managerial position and when pay awards where given out I didn’t get because they said I’d had one. No I said, I’ve been promoted and been given a salary to reflect my new position but they said no and I said fuck it and let it slide. This year I was given a 3 month kicker. I hit all targets given to me over that period and was given a £1000 pay rise as per the contracted kicker. Had I not hit targets I wouldn’t have received it. Now I’m told again that I won’t get the yearly pay award, that’s twice in the spin and I’m fucked if I’m working my arse off to then be basically told we will take it back whilst others who have done fuck all get more.
so;
1) relate the above to your boss. If you get no change then
2) relate the above to your boss's boss. If you get no change then
3) Speak to the relevant HR Manager. If you get no change then
4) Raise a formal grievance quoting your contract of employment, relevant policies etc
5) Whilst waiting for the above to resolve itself (or perhas in advance of the above) test the market - what are your chances of getting a similarly paid position
6) Claim breach of contract/unlawful deduction of wages and submit application to ET
 

Don't have an account?

Register now!
Top
  AdBlock Detected
Bluemoon relies on advertising to pay our hosting fees. Please support the site by disabling your ad blocking software to help keep the forum sustainable. Thanks.