Employment Law: Attendance Rewards – Legal Ramifications
If you were thinking of providing your staff special rewards as incentives for having sensible attendance records, then you want to scan on. After all, employers that provide attendance bonuses might find themselves falling foul of the law.
The Royal Mail introduced a rewards theme for staff that failed to to require day off sick. Underneath the Royal Mail's scheme, workers with full attendance records were entered into a prize draw to win Ford Focus cars or vacation vouchers worth £2,000. As a staff incentive, it appeared to work. The Royal Mail says its overall sickness absence levels fell during a 9-month period (between August and April) by eleven%.
However, such schemes might have serious ramifications from a legal viewpoint, and leave employers at risk of a selection of legal claims.
Discrimination
Workers might bring discrimination claims on the grounds of disability or sex. The success of those claims would rely on each employee's explicit circumstances and wants, whether in relation to their family, faith or health.
Alternatively, qualifying employees could bring claims for being subjected to detriment treatment as a results of asserting their statutory rights, as an example, for:-
Day without work for dependants and antenatal care;
Day without work for study or training or time off for jury service
Maternity leave;
Adoption leave; or
Paternity or parental leave;
Disability discrimination could occur if, for instance, an employee had day off connected to a disability and this was not taken into account by the employer underneath the reward scheme. The employee might claim {that the} failure of the employer to set aside his/her absence for incapacity connected reasons amounted to less favourable treatment.
How can employers shield themselves from such claims?
Employers will avoid these pitfalls by as well as a list of exceptions in the reward theme, as an example, jury service or study leave, taking into account any statutory rights to day off; or
Pay bonuses to workers connected to performance in their job instead of implementing an attendance reward.
Employers ought to be wary of adopting an attendance bonus scheme without legal consultation.
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