Lloyds Bank reclaiming past annual bonus

[kickedintheknackers]

I worked for the Halifax then Lloyds Bank for over 6 years.

 

To clarify, I work in IT earning an average wage, I am not a banker crying about a 7 figure bonus or anything out of the ordinary...

 

In 2013 my performance was such that I was awarded an annual bonus,

part of it paid in March and the remainder in May 2014.

 

Knowing that they (the bank) lack morals of any sort I specifically called HR and checked that I was still due my bonus,

all I was told was that if I handed my notice in before the bonus was paid I would forfeit the award..

 

.. I also checked the HR bonus T's&C's which said the same thing

- hand your notice in before it is paid and you don't qualify, nothing else was listed.

 

I left the bank in June when offered another job.

 

Now in July, on my final payslip they have reclaimed the bonus,

 

when speaking to them they say - even though it wasn't published anywhere

- that the policy is you had to be employed at the bank on June 30th to qualify for the bonus, and they say I now owe them this money.

 

What can I do, do they have a case?

 

Any help appreciated, I can't sleep with this hanging over me

[honeybee13]

Hello and welcome to CAG.

 

I've moved you to the employment forum, where the guys will know about this. Here's a link in case you need it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429541-Lloyds-Bank-reclaiming-past-annual-bonus

 

My best, HB

[rebel11]

Hi kicked

 

Welcome to CAG.

 

If you can nail down the following, 'even though it wasn't published anywhere', have you got this in writing?

 

it should have been published in the employee handbook, etc. If it's not published anywhere then how were you to know, they should pay you. You would have a case. You would then need to send them a LBA, then depending on what they say, you could lodge a claim in the small claims court.

[kickedintheknackers]

hi rebel11,

thanks for the reply, no I don't have it in writing, however:

 

1) both myself and a more senior colleague read the t&c's to death at the time and he has said he will support me in saying that, and

2) my ex line manager who is fighting HR on my behalf is saying the same thing.

 

 

Going to call them and try to get it in writing now, then to the bank to close my account with them....

Thanks so much for your help

[rebel11]

Keep us updated.

[kickedintheknackers]

Spoke to them this morning, they've said this rule IS published on the company intranet and they are sticking to their point of view that I need to pay the money back. I don't have access to their intranet to check, but myself and a colleague looked through thoroughly and we certainly didn't see it.

 

 

Any idea what I can do?

 

 

I requested copies of my call recordings from them but they've said unless I can tell them the day and time I rang they can't do it. I can't look back at my call records as I called from my work phone, which has obviously gone back!

[rebel11]

Hi kick

 

You could send them a SAR request and specifically ask for your call records as part of your request. It will cost £10, they have 40 days to respond. Also try to get a hold of the employee handbook.

 

Spoke to them this morning, they've said this rule IS published on the company intranet and they are sticking to their point of view that I need to pay the money back. I don't have access to their intranet to check, but myself and a colleague looked through thoroughly and we certainly didn't see it.

 

 

Any idea what I can do?

 

 

I requested copies of my call recordings from them but they've said unless I can tell them the day and time I rang they can't do it. I can't look back at my call records as I called from my work phone, which has obviously gone back!

[ericsbrother]

You can probably claim estoppel and that would mean that you would not be required to repay it as you took a certain action becuase of what you were told at the time.

get you support from your managers in writing.

You will also find that there are ET decisions on bonus payments andhow they should be paid to staff you leave in your circumstance, my daughter had a similar thing and the ET said that the bonus was part of the terms of employment and couldnt be taken away afterwards, even though contract said similar to what your employer claims.

[steampowered]

I think you need to ask them for a copy of the intranet notice or policy which states that they are entitled to clawback your bonus. They should be able to do this very quickly. Put the request in writing and put a time limit on it - 'please respond within 7 days' would be reasonable.

 

To be perfectly honest I don't think the stuff you have heard from other managers is relevant. A bonus is normally a contractual entitlement. Whether or not it can be clawed back depends on the terms of that contract, which usually means what is written in the employer's bonus policy. It doesn't really matter what anyone thinks about it or how many people support you. Either the employer is entitled to claw it back or they aren't.