I am looking for some help and advice please.
I'm currently employed by a company who have an annual discretionary bonus (which historically has paid out every year) for the period 01-October to 30-September which is subject to performance and meeting objectives etc. For this period I have achieved all my objectives and will be due a bonus payment of approx. 10% which would pay out at the end of November.
My dilemma is that I was offered a new role at a different company around the start of October and I have also been made aware that my current employer has guidance documents (posted on their intranet site) which states that any bonus wont be paid to any employees who have resigned and are currently working their notice period.
On the back of this, I tried to negotiate retaining my bonus on the basis of working my full notice period (currently 3 months), but was told if I resigned before the bonus payment date (end November), I wouldn't be entitled to anything. As such, I've held of doing anything, but was planning to resign at the start of December (but for a reduced 1 month period)
I have now been informed that because I indicated my intentions to leave back in October, that they are going to postpone by bonus payment until end of February to ensure I work my full contractual notice period. Despite the fact that everyone else in the organisation will be getting their bonus paid in November and that I previously tried to agree 3 months notice from October. In essence, they are trying to force me to work a total of 5 months to ensure I get my bonus which covers a period since gone. I understand where they are coming from in trying to protect their position, but I also don't feel this is fair as I had an open and honest conversation with my manager which now seems to have disadvantaged myself ( - I should have kept quiet).
My ideal scenario would be to resign following the November payment date and provide a reduced notice period (on the basis that I've been trying to complete my current projects - and expect to have very little to do beyond this date), but would I then be able to claim unlawful withholding of November wages through a tribunal and what chance of success would I have here?
I'm keen not to disadvantage my current manager and leave him with no cover, but I feel that the company are doing everything in their power to withhold this and force me to leave without receiving it. In that case, and if I cant retain the bonus am I best to resign with immediate affect?
Any help or recommendations on how best to proceed would be greatly appreciated.