Resigned - Now being refused Bonus for Works Completed

[lightningjoe]

I am in my last 2 weeks of work with my company that i have been with for 2 1/2 years, I handed my notice in on 20th January.

I was asked to Mentor a new member in my team. I was asked in an ad-hoc meeting between myself and my manager. I followed the meeting up with an email confirming how much the bonus would be.

I mentored the new member of staff whilst contiuing my current workload.

The lady passed her test on 13th Jan (with scores beter than anyone else who has taken the test) and I was told my bonus would be paid to me in Feb’s pay, verbally, which i followed up with an e-mail…

After handing my notice in I was told that I was not going to be getting the bonus. I wasnt given a reason that i wouldnt be getting it but it was implied it was because i was leaving the company..

There was no mention of any ways that they would not pay me the bonus. I have backed all conversations up in writing with my manager, there is nothing in my contract or in the employee guidelines about the bonus’ and in what events they wouldn’t pay them…so as far as im concerned, its works completed and I feel i am owed the money.

After they told me I wasn’t going to be getting the bonus I sent my manager and Director an email saying I deserved it etc etc and gave them 2 weeks to think about it while I went on holiday, when I got back the said their position hadn’t changed. I then sent them another letter, with which had some extracts from various HR websites regarding custom and practice and in the letter I have mentioned the dreaded words “ possible breach of contract” they are starting stage 1 of the grievance procedure, so I have a meeting with HR and my manager next Tuesday (17th Feb)…and I just want some advice as to if anyoen feels i have a leg to stand on!

Again, there is nothing in my contract or employee guidelines backing wither side up (me or the company) and i am under the impression this will just be a case of argueing the case with them until one of us gives up.

Any advice would be greatly appreciated.

Thanks

Joe

[chesham]

It needs to be clarified if a bonus is an integral part of your contract. However, this looks like a "discretionary bonus", i.e. one which is not regular (i.e sales volume, profit sharing) and simply one which required you to complete a task and be rewarded for it with an extra payment.

 

Therefore, it doesn't sound like a contractual issue, although if an agreement was made for you to be paid a bonus, then by not paying it they are, in effect, in breach of contract (just not your employment contract).

 

There have been similar cases which have gone to a tribunal, and the JP has communicated the difficulty in proving a contract or agreement existed if evidence is purely verbal, and that written evidence would be much more valuable. Verbal bonus payments are extremely difficult to enforce, but that's not to say impossible.

 

Because grievance processes are statutory, it may all get ironed out. Simply say that you would not have taken on extra tasks if you were not to be rewarded for them, therefore the only reason you did it was due to the agreement you would be paid a bonus for it.

 

However, the e-mails which have been sent to back up your various conversations would be good, especially if you received a response to them. For example, if you e-mailed something like "Thanks for the conversation, just to confirm that I would be paid £xxx for doing X,Y and Z..." etc, and they responded "No problem, thanks" and did not refute the fact that you would be paid, then it could be said they had accepted the contents of your e-mail, therefore unconditionally creating a verbal (and legally binding) contract.

[lightningjoe]

Thanks for the above, much appreciated,

 

It gives me another avenue to research before the meeting on Tuesday.

 

Joe