When does a bonus become "mine"?

[Snollygoster]

I am hoping to resign from my current position in the New Year to move to a new job.

 

I get paid a bonus almost every quarter and have done for the last 10 years. The next one is due in January. This is not in my contract and depends upon how successful sales have been.

 

Notification is via email in the form of a one liner:

 

I’m pleased to advise that you will receive a bonus of xxx this month.

If things follow previous quarters I will receive an email on the 10th of the month and the payment reaches my bank account on or before the 21st although contractually our salary doesn't have to be paid until the end of the month.

Presumably if I resigned before I got the email they could withdraw the bonus. But at what stage do they have to pay it? Is it possible for them to claw it back once its reached by bank account by reducing my final months pay?

[citizenB]

I think if it isnt in your contract, then they are under no legal obligation to give you this. I would have thought however, if they do pay it to you - it would be incredibly spiteful to claw it back

 

Can you not wait to resign until after you have both the bonus and your salary in the bank ?

[Snollygoster]

Can you not wait to resign until after you have both the bonus and your salary in the bank ?

 

 

Hi CitizenB (and everyone else), you comment seems to indicate that the bonus becomes "mine" once it's in my account, but I'm pretty sure that my salary isn't "mine" until the end of the month when it is due contractually.

 

I wouldn't put it past management to be spiteful and try and get it back but I don't want to tell new company I can't resign for a month as I have a six week notice period a it is.

[citizenB]

Ah.. righto.. I guess until the scenario you have envisaged actually happens, I am not sure there is much else you can do.

[assisted blonde]

Well if yoy need to hand in your notice do so and see what happens, I would say once the email has been sent morally the bonus should be paid to you and if it isnt then you would be able to take action against your employer. Once your money is in your account then I think your employer would have problems trying to recall it. Is the bonus paid seperatly to your salary?

[Snollygoster]

The bonus would be paid at the same time as my salary and would appear on the same payslip.

 

It wouldn't surprise me if they didn't try and get it back. I guess I'm going to have to wait and see.