Employment Law: Attendance Rewards – Legal Ramifications
If you were thinking of providing your employees special rewards as incentives for having sensible attendance records, then you need to scan on. After all, employers that offer attendance bonuses could find themselves falling foul of the law.
The Royal Mail introduced a rewards theme for staff that did not to require day off sick. Under the Royal Mail's scheme, workers with full attendance records were entered into a prize draw to win Ford Focus cars or holiday vouchers price £two,000. As a workers 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 11%.
However, such schemes may have serious ramifications from a legal viewpoint, and leave employers vulnerable to a variety of legal claims.
Discrimination
Staff might bring discrimination claims on the grounds of disability or sex. The success of these claims would depend on every employee's specific circumstances and wants, whether in relation to their family, faith or health.
Alternatively, qualifying staff may bring claims for being subjected to detriment treatment as a results of asserting their statutory rights, for instance, for:-
Break day for dependants and antenatal care;
Time off for study or coaching or time without work for jury service
Maternity leave;
Adoption leave; or
Paternity or parental leave;
Incapacity discrimination might occur if, for example, an employee had time off connected to a disability and this was not taken into consideration by the employer below the reward scheme. The worker may claim {that the} failure of the employer to set aside his/her absence for disability related reasons amounted to less favourable treatment.
How will employers defend themselves from such claims?
Employers can avoid these pitfalls by including a listing of exceptions within the reward theme, as an example, jury service or study leave, taking under consideration any statutory rights to day without work; 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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