Employee Benefits

Employee benefits are essentially additional perks employers can offer staff beyond their mandatory obligations. These may be tied to an employee's seniority within the company but can also be extended to employees at all levels.

Employers often provide benefits as a gesture of appreciation and to enhance their appeal to potential candidates. While employees generally appreciate these perks, challenges may arise when specific criteria must be fulfilled.

Many employers offer similar benefits, such as:

• Health insurance
• Flexible working
• Pension contribution matching
• Paid sick leave
• Mental health/wellbeing support
• Increased annual leave
• Death in service

The positives of offering employee benefits:

The pros of employee benefits include but are not limited to:

• Employees feeling appreciated
• Increased morale and productivity
• A recruitment incentive
• Encourages staff to stay at a company
• Decreases absenteeism (e.g. where health insurance or mental health support is provided).

Potential Employment Tribunal claims 

Employers can tailor benefits to various employee levels or types, often supported by a business rationale. Yet, disparities may occasionally lead an employee to perceive unfair treatment, prompting them to file a Tribunal claim.

Potential Tribunal claims include:

• Constructive dismissal
• Breach of trust and confidence
• Discrimination

An excellent example of a potential claim is if an employer provides a benefit tied to long service. A younger employee, potentially ineligible for such benefits, could claim indirect discrimination based on their age.

We are here to help with any enquiries regarding employee benefits, offering support in reviewing your existing benefits and determining eligibility for staff members. 

Get in touch

For more information and guidance on Employee benefits, please contact our Employment Litigation Team on 023 8063 9311 or email enquiries@warnergoodman.co.uk.