Staff in line for withheld pay award after judgement

Tim Lezard Europe, UK, Public (PSI), PCS, UK unions,

Land RegistryLand Registry staff are in line for a withheld performance award after a judge ruled they were discriminated against for their disabilities.

Five claimants had not been included in the award scheme because they had received formal warnings for sick absence.

A tribunal found the time off was all attributed to disability and they had been discriminated against under equality legislation.

At an EAT,  judge Peter Clark rejected the Land Registry’s argument that their disabilities were not a factor in the decision.

He ruled the only relevant fact was they were denied the award because of their disability related absence.

The scheme allowed for discretion where a warning related to an employee’s conduct, meaning payments could still be made, but there was no discretion for sickness.

PCS supported the claimants at the tribunal and appeal and have now written to the Land Registry to say all payments should be made.

A spokesperson said: “This case confirms once again of how unfair and discriminatory bonus systems can be.”

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Tim Lezard

Campaigning journalist, editor of @Union_NewsUK, NUJ exec member; lover of cricket, football, cycling, theatre and dodgy punk bands

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