Bonus Problem

[CompactD]

If I've earned a quarterly bonus between March and June, it's been finalised how much its going to be, and it's due to be paid in August, then if I leave five days before it's due to be paid are they allowed not to pay me it?

 

Here's the job entry on my employer's website:

 

Customer Sales Executives (Full-time)

£x - £x pro rata rising up to 5% increase after accreditation period plus quarterly performance bonus.

 

Surely this implies the bonus is earned and not discretionary, which means they can't just pull it whenever they want?

 

I plan to get a copy of my contract and the staff handbook at work to see what those say about it, but under what circumstances are they actually allowed not to pay what I've already earned just on a whim?

[becka]

most places don't pay bonuses if you are not an employee on the date it gets paid.

 

Your staff handbook will probably detail this

[CompactD]

Employee handbook says that blahblah operates performance-related discretionary incentive schemes designed to reward employees according to their efforts............. The existence of and rules of the scheme are entirely discretionary and operate in accordance with non-contractual rules which may be in place from time to time.' It also points me to the HR manual where it confirms leavers who aren't employed on the bonus payment date are not eligible for payment.

 

Now blahblah could say I won't be an employee therefore the bonus is not designed to reward me.

 

However they have not changed my salary in time (I leave literally a few days before the payment date but I've given them plenty of notice) I believe so they're going to pay me it but try and make me sign a form for them to debit it back from my account along with unworked days for the month. Could I simply refuse to sign this and lodge a grievance on the grounds of the fact even though they technically can it is quite unfair to buy time? Is it even possible to lodge a grievance if you're leaving? I wouldn't have known this if I hadn't directly asked them too. I'd have probably blindly signed the form.

 

I also cannot simply work the extra few days because we have a holiday booked and paid for.

 

The reason I am leaving is because I am moving, I have tried everything I can to relocate and they haven't confirmed if I can or not. If they cannot relocate me is where this scenario will apply.

[CompactD]

Turns out I needn't have worried, they are indeed paying the bonus