Am I entitled to staff discounts on access to fitness facilities, staff restaurants or other facilities?

There is no automatic entitlement to such benefits. They are between you and your employer, so any scheme should normally be referred to in your contract of employment – or perhaps in a staff handbook – as an express term. Alternatively it may sometimes be possible to establish an entitlement by virtue of custom and practice.

With all contractual benefits, your employer must not unlawfully discriminate against members of staff, for example by making decisions to give or withhold the benefit for a reason relating to one of the protected characteristics, such as sex, sexual orientation, disability, race, religion or age.

If these benefits are available to full-time workers, they should also be extended to comparable part-time workers, unless the employer can justify treating part-time workers differently on objective grounds.

The provision of some of these benefits may be considered by HM Revenue and Customs to be a taxable benefit. Further advice should be obtained from your local tax office.

If you are an agency worker, and these benefits are being offered to comparable direct employees of the hirer where you work, you may have a legal basis under the Agency Workers Regulations 2010 for arguing that they should also be offered to you. Speak to your union rep.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.