Getting Bonus Due During Notice Period

[Tay09]

On the 30th of June. I handed in my two week notice at work. To my surprise I was asked not to come back (after further questioning I was told it was because I was a system administrator for their database) and to also hand it my ID and door key. I was told I would be paid for the 10 days of my notice.

 

When negotiating my salary I was told by my manager that they could not increase my salary but will offer me 2 bonuses. First installment, on the 1st of July and the second next year January.

 

Quote from a written e-mail from my boss

"Please be aware that from July 1-2014, after your training period has finished, we will offer you a one months bonus (£*,***) to be earned on top of your salary based on set targets."

 

So i sent him this email asking for my bonus

"As per agreed in my employment contract, I am due a bonus of £**** from the 1th of July after successfully completing my 3 months probation period, training period and meeting my set targets.

Can you please pay me in 7-10 days including my month’s salary (plus notice period pay) and my accrued holiday pay ?"

 

He replied

Saying he disagrees that I have no right to a bonus this period.

 

 

Please help and advice me. I settled for the small salary because of the extra bonus included and promised. I feel like I'm entitled, due to the fact that I met and completed all the requirements.

[honeybee13]

Hello and welcome to CAG.

 

If you have a copy of your contract, is any of this mentioned in it please?

 

My best, HB

[Tay09]

I do have a copy of my contract and thier is a section on salary/bonus but its not clearly specified (date that bonus will be paid and how much)

 

But the negotiating of the bonus and salary between me and my manager is in an email which we communicated on.

[Emmzzi]

Bonus is usually subject to being employed on date X and is not contractual.

[Tay09]

Well in my contract it doesn't state that I have to be employed by the company on so and so date to get my bonus.

[Emmzzi]

does it say the bonus is discretionary, subject to meeting targets, etc? I think you'd best give us the exact wording.

[Tay09]

The full term of this bonus is not in my contract.

But in an email my manager sent to be which is still binding between the both of us which states

 

"Please be aware that from July 1-2014, after your training period has finished, we will offer you a one months bonus (£*,***) to be earned on top of your salary based on set targets."

 

I met all my set targets

[Emmzzi]

not in contract = not contractual....

 

is there a guidance policy or something for the bonus scheme?

[Tay09]

The is the only section written about bonus in my contract.

 

The Employer may in its absolute discretion pay you a bonus of such amount, at such intervals and subject to such conditions as the Employer may in its absolute discretion determine from time to time. Any bonus payment to you shall be purely discretionary and shall not form part of your contractual remuneration under this agreement. If we make a bonus payment to you in respect of a particular financial year we shall not be obliged to make subsequent bonus payments in respect of subsequent financial years.

[Emmzzi]

There you go. Discretionary. So no legal recourse, just appealing to better nature.

[Tay09]

But I do have the bonus offer in writing as a substitute to getting my salary increased.

 

Does that mean nothing ?

[Emmzzi]

Your contract says it's discretionary, so if you have nothing in writing saying this is a special non discretionary bonus, no.

 

I'm not saying it's moral, just that what he's doing doesn't appear unlawful to me.

[Tay09]

I just wanted advise on how to request the bonus using all the requirements that are conditional which I qualified for

[Emmzzi]

You already have asked, and you have no legal fallback that I can see. So I'd ask for a meeting to discuss and put your points calmly and reasonably, as you are asking for a favour.

 

Looks to me like you're leaving after 6 months or so? So I can understand why he wouldn't want to pay out.

[steampowered]

Given that the email contradicts your employment contract, I think you have to go down the route of trying to say that the email exchange between you and the manager forms part of your contract. This will be more difficult if the contract has an entire agreement clause (stating something like there are no other terms agreed other than those set out in this contract).

 

Some employers write all sorts of nonsense in employment contracts, which can be just 'standard form' and don't accurately reflect the agreement between the parties. I think that if you can show that the bonus was specifically negotiated and agreed up-front then you would have a reasonable chance at claiming it. I think you would need to prove that the amount, criteria and terms/frequency of payment would all need to be specifically agreed; if there are any aspects of the bonus which are open to interpretation that would imply that it is up to the employer's discretion and would probably sink your claim

[Migster]

"Please be aware that from July 1-2014, after your training period has finished, we will offer you a one months bonus (£*,***) to be earned on top of your salary based on set targets."

 

My interpretation of this would be that whilst you become eligible for the bonus from 1st July, you still have to earn it by meeting your targets i.e. payment of the bonus will be based on your future performance.

[Tay09]

"Please be aware that from July 1-2014, after your training period has finished, we will offer you a one months bonus (£*,***) to be earned on top of your salary based on set targets."

 

My interpretation of this would be that whilst you become eligible for the bonus from 1st July, you still have to earn it by meeting your targets i.e. payment of the bonus will be based on your future performance.

 

My training period has already finished and during that time I had targets to meet which I completed. So I became eligible on the 1st of July

[Emmzzi]

Main lesson is, I think, never to resign until the bonus is in your hand.

[Tay09]

I have definitely learnt that amongst other things

[Tay09]

So I asked my manager why he felt like I was not entitled to the bonus.

He pointed out that in the contract bonus is at the companies discretion which I expected.

But this bit of the email I was not expecting it...

 

"You left the company after just 4 months, after ******* investing serious money, time and resources to facilitate your training and prepare you for the job we hired you to do.

Just after your probation period finished, and ******* expecting to start to profit from this investment, you drop out on your way to “greener pastures”.

Apparently the only reason for you to work for ******* was whilst waiting for a better job to pass by. I am very disappointed by that and will not recommend others to hire you.

 

The fact that you showed up at work every day and did your job is not a reason for me to pay you a bonus."

 

I know by law you must give a fair and accurate reference. I didn't do anything wrong like he pointed out I did my job.

I feel disturbed by the mail and feel like his trying to decrease my integrity.

To be honest... I had limited resources available to me and I just got on with my job. No serious money was invested in me

[Emmzzi]

other than being irritated, do you have an actual concern? Has the new job given you an unconditional offer, or is it subject to references?

[Tay09]

Lucky the new job is not subject to references.

But in the future I could need a reference from that company and he has said he would not do this.

Wish is against the law.

[Emmzzi]

Lucky the new job is not subject to references.

But in the future I could need a reference from that company and he has said he would not do this.

Wish is against the law.

 

 

What law's that then? Think you've made that one up!

[Tay09]

Employers are required to give a fair and accurate reference which means no bad references.

I can claim damages in court if this is done.

 

https://www.gov.uk/work-reference

[Emmzzi]

Employers are required to give a fair and accurate reference which means no bad references.

 

Urban myth.

 

A fair and accurate reference can still be bad! "Abandoned ship 4 months in" is accurate, isn't it?

 

And they also don't have to give a reference at all.

 

I'd work on staying put for a bit so this reference ceases to be important.