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Unreasonable conditions imposed regarding bonus


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Posted on behalf of a family friend who is employed as a wagon driver and normally receives a monthly bonus of £500 which is due this Friday.

 

He has been handed a letter today which he was told he had to sign to continue receiving the bonus. The letter contains conditions which he feels are unreasonable and he feels are an attempt to avoid having to pay the bonus.

 

These conditions include:

 

The vehicle must be in immaculate condition inside and out at all times. (The role includes delivering blocks and concrete to building sites.)

 

Your attendance during the month must be 100%. Managers discretion may be used for genuine sickness, otherwise phoning in sick for work will result in loss of bonus for the month.

 

You will have a flexible attitude to work to suit the needs of the business. Any incidents of not carrying out your duties as requested will result in forfeiture of monthly bonus.

 

In the event of you giving notice to leave your employment with the company your monthly bonus will be forfeited.

 

Can his bonus be stopped if he doesn't sign the letter and can the company impose the new conditions legally?

 

Any advice would be appreciated.

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Precisely. Impossible to advise unless we know what clauses exist around the bonus scheme at present. That is fundamental in assessing the 'fairness' or otherwise of any changes - not that there is any absolute 'rule' over this, as ultimately it may have to fall to a Tribunal to determine whether any non-payment of the bonus was fair.

 

How long has the existing scheme been running? Is your friend in a Trade Union?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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