Law queries

We have a bonus scheme in our workplace that pays out in December every year. Permanent employees in post on 1 July of that year qualify. Our employers say that a temporary worker, who started working in June on a nine-month contract, does not qualify for the bonus because she is not permanent. We think there is a law that says they cannot do this. Are we right?

Under new regulations, introduced in October 2002, temporary employees have the right to no less favourable treatment. If the qualifying rule is that employees have to be in post on 1 July then it is clear that the temporary employee would qualify. Your employer cannot have a rule which excludes her simply because she is a temporary member of staff. She has the legal right to no less favourable treatment than applies to permanent employees.

* More information: LRD booklet, Temporary workers - a guide to the new law (2002)