Part time working hours, extended then excluded from increased bonus payment..advice please

[J1G]

Hi All,

 

I'd really appreciate some advice and guidance on my query.

 

I am very fortunate to work on a part time term time contract, however I am very flexible to the needs of my employer.

 

For the past 2 years I have worked the summer for most of the weeks and have been paid for this at standard rate. I receive no additional pension payments from the company on this money and due to the way that term time is calculated I am at a detriment in relation to my pension.

Since September I have been acting up in to another role to cover for a long term absence, full time, full year in a very demanding job requiring much longer hours than I am paid for and significant travel - I am paid an allowance (again un pensionable and do not receive PMI which if permanent in role I would receive).

 

Our bonus structure (non- contractual) runs from 1st Jan to Dec 31st and is paid in April. The bonus structure works on a percentage basis depending on the performance rating you have been given.

 

I was given an excellent rating which meant that my bonus payment would be between 8 -11% of my salary as at the 31st December. However term time bonus is pro-rata'd.

 

I have been awarded nearly 8% (even though business is given the money to give 9.75% bonus) on a combination of my term time salary (8 months) and my full time salary (4 months). I currently cannot get the amount to meet the minimum of 8% it is £100 plus short.

 

I have worked all year so feel this is unfair.

 

If I had been promoted during the year and for example had of been earning £15,000 and then earned as of the 31st December - £25,000 I would have received bonus payment on £25,000. I feel that because I am a working mother and therefore benefit from a term time agreement that I have been treated less favourably than a full time counterpart.

 

I would welcome your views and any advice that could be provided.

[Emmzzi]

I am assuming the term time contract was something you specifically applied for and was of benefit to you at the time? Bit harsh to cry "unfair" now.

 

I would ask to be considered for the full time role on a permanent basis and see what they say.

[J1G]

Looking for an employment law response regarding unfavourable treatment due to sex. 99% of term time workers are female due to child care issues and a male counterpart would have been paid a full bonus for working full year. I've worked full year whilst on my term time contract so should be treated equally under the equality act?

[Emmzzi]

I don't quite get what the issue is. Can I clarify - You want a bonus based on overtime which a) you agreed to knowing the terms of it and b) were able to turn down?

 

I can't see direct or indirect discrimination here. You're getting the same %age bonus as the full time workers based on your contracted hours - unless I am reading it wrong?