No Bonus Payment

[Bigdunc]

Hello,

 

I wonder if someone could help me with this myself and another member have had our bonus stopped due to a our line manager giving us sales from other departments to help us achieve our bonus as we were little short of hitting our target.

This was common knowlege with the rest of department heads under his supervision that he wanted everyone to help who could help, So as many of our line managers departments would hit target.

It now appears that our line manager and his manager have stopped our bonus payment.

Does anyone have a idea if this legal?

 

Bigdunc

[elche]

we were little short of hitting our target.

 

Hi bigdunc,

 

I am afraid that most probably if the contract is clear that you need to sell 'X' amount to get the bonus and you do not reach 'X', then you have no contractual right to the bonus payment.

 

The question is - is the contract clear?

 

For a more definitive answer we would need to see what the contractual bonus clause says.

 

I assume of course you earn at least the NMW without the bonus? How long have you worked there, and how often was the bonus paid and more importantly was it ever previously not paid?

 

Che

[Bigdunc]

Hi, Thanks for the reply. We would have achieved some bonus as we are rewarded on profit but the main target is more geared towards our line manager than us.I have worked there over five years the scheme was just new this year.

 

Cheers

[teaboy2]

So let me get this straight - Your line manager was taking a number of sales made by other departments and using that to top up your/his departments total sales made in that sales period. So techinically reducing the amount of sales above target of one department, and as such meaning the people in that department where the sales were taken from, having their amount of bonus reduced simply so you could have bonus that you should not have had as you missed yout target. So effectively those that hit their target, are having their bonus reduced just so you get your targets and a bit of a bonus that you would not have received otherwise?

 

So One - if those sales where from another department, then you are not entitled to those sales or the bonus from such sales, as the people that got those sales did the work and as such are entitled to the bonus for there work. So they are not in breach of contract for not payiong you a bonus that you are not entitled too in the first place. Though your line manager is likely committing fraud in order to top up his own income, as your clearly saying in your second post that he is the main beneficary of such sales target bonus.

 

And Two - Those people that had those sales taken from there department to top up your departments sales, are as a result not receiving the bonus they should have received for the sales that were taken away from them and given to your department. Possibly and likely putting the employer in breach of contract.

 

So basically this doesn't effect your main profit driven COMMISSION based bonus from the sales you yourself personally make, but it does effect the sales target bonus that your line manager gets for when you hit your departments overall sales target. Though no doubt i assume you get a smaller bonus for hitting the departments sales target (though your not legally entitled to it since your own sales did not meet such target). So your line managers actions of taking a number of sales from one department to top up his/your departs total sales in order to hit the target to get the bonus is fraud and you yourselfs maybe guilty of receiving money fraudulently for bonuses paid to you that you were not entitled too.

 

Thats my understanding of things based on what you have said, and the fact my own company has a similar bonus and profit based commission scheme in place.