UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
The Equality Act 2010 contains an exception allowing employers to provide benefits which reward long service.
If the benefit in question depends on length of service over 5 years, an employer must show that it "reasonably appears" to it that the award of the benefit "fulfils a business need". There is an EHRC Code available, which whilst non-binding, still provides useful guidance on the subject:
You can check paragraph 14.23 on page 195 which specifically states a business need in these circumstances could be Examples of a business need could include "rewarding higher levels of experience, or encouraging loyalty, or increasing or maintaining the motivation of long-serving staff."
If the reasons behind the loyalty bonus can fall within this definition then it is likely that they could be allowed under the Equality Act and as such would not be unlawful or discriminatory.
Do you know where the exception is mentioned?
I expect he would be unlikely to prove the case as it does not (in his eyes) benefit the company - currently it is an added cost (less than 1 person a year currently receives this bonus)
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).