Yes it was for 2016 and I handed in my notice mid June 2017.

I shall do that and find some more cases to back my point.

I've had a few letters from them now and I feel it's getting to the point where I have to do something.

As mentioned above in one of them comments I don't want it to get to them threatening me which is seems like something they would do

Some companies have strange rules about bonus payments - whilst it may be that you 'earned' the bonus for working during the period that the bonus accrued, they may have a clause which stipulates that it will only be paid if you are still working for the bank on a specific date after then

 

As above, case law emerges from time to time which might strengthen the employee position, but for now, for so long as the employer is not proven to be guilty of exercising 'discretion' unlawfully, a relevant contractual clause might be sufficient

 

However

 

The above would normally be a factor where a bonus has not yet been paid but where you have disqualified your self, for example, by handing in notice before the bonus is paid. In this case the bank has shot themselves in the foot by paying the bonus and then asking for it back. As suggested by Bankfodder you could potentially have a very good case from what you have said to estop any potential recovery action such as a Court claim

 

For Estoppel to be successful you would need to demonstrate that you had a genuine belief that the money was legitimately yours, and that you have 'changed your position' - ie spent it in good faith. Your OP suggests that you were told that you 'might' not receive the bonus? I don't suppose this was advised in writing? Alternatively do you have a company handbook or written details of the bonus scheme stating that payment in the event of leaving Lloyds was in any way 'discretionary'? If you do have either, then you could argue all day long, even before a Court, that you genuinely believed that Lloyds had exercised that discretion, changing the 'might not pay' into 'we decided to pay'

 

I would write back to them stating that you genuinely believed that the bank had decided to pay the bonus and (as above) asking for a copy of the T&Cs in your contract relating to bonus payments. You might also add that you consider their approach to this to be very poor form and that you will strenuously resist any further attempts to recover the payment. Let them know at an early stage that they will have a fight on their hands

Thank you for the advice, very helpful!

In the contract I was provided it was stated that if I handed in my notice before a certain date I wouldn't be eligible for my bonus

however my line manager said that I might receive it or might not as I handed in my notice close to the date.

I don't have it in writing as it's all in my emails which I cannot access anymore.

When the bonus was paid I assumed that they had decided to pay it and as nothing was brought up as I worked my notice period assumed that they had given it to me correctly in line with their clauses otherwise they would have just withheld it.

I therefore went on to spend it

(I'm self employed and have used it to set up my new business therefore believe it has been spent in good faith).

Would that be enough for an estoppel even without the written proof?

Thank you so much

To me, bonuses are for work done, paid in arrears so I you get a bonus its for what you have done and therefore owed.

If you've done the work your owed and it cant be reclaimed.

Maybe banks work differently and that's why they brought the country to its knees.

Yes this was one of my thoughts too, my bonus was clearly for 2016 work which I've already done and it just seems so awful that they'd try and take it back even tough I've already done the work! But I guess that's just a corrupt and horrible thing places like Lloyds would do!

basically the decision was that a bonus earned in a particular year may be held back and only paid if the person is still employed at some poit in the future was unfair because the qualifying period for accruing the bonus had passed. It hinged on a company having a bonus scheme and then booting out a number of staff before the qualifying date for the bonus and then saying "tough, you werent employed on the date". The tribunal decided that is a bonus was earned in say 2016 then that is ring fenced and paid to staff who leave in 2017 on the normal payment date. they gte nothing for any bonuses accrued in the 2017 year though and that is fair as the terms are "live".

The wording of the employment contract are then immaterial as they are an unfair contractual term and the bonus not discretionary.

Also agree with ther estoppel. It looks like their was a genuine expectation

So following the case that went to the tribunal I'd be fair in writing back to them and saying that as my bonus was earned for the year of 2016 it would be unfair for them to try and reclaim it as the period for me qualifying and gaining that bonus had passed therefore it is mine and they can't reclaim it?

Hi I was hoping to get some advice.

I thankfully left lloyds bank in the summer 2017 (working in the operations side, definitely no big banker bonuses there) and was paid my bonus for 2016.

When I handed in my notice I was told there may be a chance I don't receive my bonus which I was fine with

however I went on to receive it whilst I was still working for the bank.

No one from HR contacted me to as for it back.

It has now been nearly 5 months since I left and Lloyds have written to me now saying that they made the payment in error and want the money back

Are they allowed to do this seeing as they made the payment in error and had plenty of time whilst I was still working there to sort it out?

I don't have the money anymore to pay back the bonus as it's been so long and i didn't expect it to be reclaimed

Any advice would be greatly appreciated!

I left lloyds in June 2017,

I was made aware that I may not receive my bonus and expected not to.

I however did get paid my bonus for 2016 which I worked in full, worked my notice period in 2017 and thankfully left the bank.

No one mentioned about this being paid back.

Over 2 months after I left I then started receiving letters explaining I now had to pay back my bonus and that lloyds had paid it in error.

Am I legally bound to pay it back seeing as they have paid it in error.

As it's taken them 2 months to let me know I have now spent the money and am therefore not able to pay it back.

Any advice would be greatly appreciated!