Help! Am I entitled to Christmas bonus?

Leann83

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As it says in the title really... I'm on maternity leave until Feb and all employees at the company I work for received a Christmas bonus of a weeks wages on Friday. Nothing for me however! It's a large, well known company that employs hundreds of people throughout Ireland/uk. Had previously worked out my Xmas budget to include this as I just presumed you still got it on mat leave... Am I just being greedy thinking this?
 
I would assume a bonus is at the company's discression - I would have thought you'd get a reduced ammount if everyone gets it not just the top performers, as obviously you were there for part of the year - but if you only worked a month or two in 2011 they might have just thought that you hadn't contributed enough to get a bonus?

ETA:

What about bonus payments during maternity leave?

Employees are entitled to SMP, rather than 'wages or salary' during maternity leave, providing they meet the qualifying conditions. This will not be affected by the new rules.

In theory, a bonus which falls due during maternity leave counts as 'wages or salary' and is therefore not payable. However, there have been some decisions of UK courts and the European Court of Justice which have complicated this position.

If the bonus relates to a period of time before the employee started maternity leave, then you must make the payment in full even if she is on maternity leave when the payment falls due.

If the bonus relates to a period of time which includes a period of maternity leave then you must make a payment on a proportionate or pro-rata basis to reflect the proportion of the time when the employee was:

working
on compulsory maternity leave the period immediately following the birth)
suspended on pregnancy or maternity grounds.
It does not matter whether the bonus is contractual or discretionary.

This may mean that you have to make an assessment of the employee's performance over a shorter period of time than would normally be the case.

Performance measures such as sales targets or achievement objectives are typically set at the beginning of the year on the assumption that the employee will be at work for the whole year. Where the payment of bonus is dependent on the employee achieving such targets/objectives, you need to adjust them downwards or judge what the employee's performance would have been had she been at work.

Where a bonus is not directly related to personal performance, the position is more complicated. In one case, concerning the relocation of Kays Catalogue from its original base in Worcester to a new site in Manchester, the employer offered a discretionary bonus to all employees who co-operated in ensuring an orderly and effective transfer and who remained in post until the relocation date. Two employees were on maternity leave throughout this time and did not receive the bonus.

According to the Employment Appeal Tribunal, it was sex discrimination not to provide the bonus. This case is at odds with the principle that women are not entitled to 'wages or salary' for maternity leave and it may have been wrongly decided. However, it is still binding on employment tribunals and so employers offering similar loyalty bonuses should pay them to women on maternity leave.

Occasionally employers make payments which are genuinely intended as gifts, such as certain Christmas bonuses. EEF feels these should also be paid to all women on maternity leave.

(From a HR & Personnel website)
 
My work are paying me my Christmas bonus, but legally I don't think they have to.
 
I got mine. A £10 gift voucher!! Which is thr same as every year. And I work for a big company :)
 
Im sorry hunny, bonus' are at the discretion of the company and its directors / owners. our company defines it along the lines of going above and beyond what is expected and already covered by an agreed salary.

That's certainly not to say that you haven't gone above and beyond (you're company may have a different policy in place). I would check your contract. If you feel you deserve one and its at the discretion of the owners / boss then you could perhaps contest it? Failing that, I would out right ask my manager to highlight why i never got one.

Sorry i cant be of more help...I hope you all have a lovely Christmas.

x
 
As it says in the title really... I'm on maternity depart until Feb and all employees at the company I work for acknowledged a Christmas bonus of a weeks earnings on Friday. Nothing for me however! It's a huge, fine identified company that employs hundreds of people throughout Ireland/uk. Had before worked out my Xmas budget to include this as I just presumed you still got it on mat leave... Am I just being greedy thinking this?
 

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