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Employer withholding bonus

(9 Posts)
KensingtonLou Mon 07-Mar-16 11:23:52

My employer has a bonus scheme running 01/01 to 31/12. The bonus is paid on 24/03. I resigned at the end of January and my last day will be 24/03 i.e. the day that the bonus is due to be paid.

My employer states that I am not eligible for a bonus as it is stated in the bonus scheme an employee must not be under notice at the time of the bonus being paid.

My research suggests that there is some ambiguity around this and recent case law has fallen in favour of the employee - could anyone shed some light/have any experience of this?

Tiggeryoubastard Mon 07-Mar-16 11:28:32

I can't see how there could be any ambiguity, it's very clear if worded as you say.

FuzzyOwl Mon 07-Mar-16 11:31:08

We have almost the exact same thing at our company, except the date is three days earlier. If the company has a policy in place which states when you must be working (and includes whether resignation has been submitted) then I am afraid there is no ambiguity at all.

wannaBe Mon 07-Mar-16 11:35:24

If the wording of the contract is that specific then no, there is no ambiguity.

I know of companies who extend beyond the bonus payment date to a month or even three months afterward, and state that the bonus will have to be paid back if an employee leaves during that time.

Employees are well aware of the terms.

FishWithABicycle Mon 07-Mar-16 11:49:59

Sounds normal. Happened to me once but bonuses are for employee motivation and retention so there's really nor much point for employers to give them to people who are on their way out. You had the ts&cs in writing in advance so could have chosen to wait till the day after bonus day to hand in notice but presumably whatever you are doing next was too appealing so that's the price you have to pay.

flowery Mon 07-Mar-16 13:27:24

Sounds pretty clearly worded to me, but if you could link to the case law you've found that you feel supports you, I would be happy to give an opinion.

Millionairerow Mon 07-Mar-16 15:55:39

I'm in the same situation- I am here JUST ABOUT TO RESIGN. Given head of department the heads up but not told my immediate boss yet. Head of sept said might as well get my bonus and to check if ill get it. It says if I'm still working on 31 March then technically I'm still employed and therefore eligible for it. Yet i know someone who just didn't get it despite still working on the final day of eligibility yet I'm sitting here thinking should I wait a bit longer but technically I have to give 3 months notice. Decisions.

TreadSoftlyOnMyDreams Mon 07-Mar-16 16:52:14

Standard is not to hand in your resignation or even breathe a word of it before the cash is in your account. I've never worked anywhere where you will get your bonus if you are working your notice. End of. It's why there are a rash of resignations the day after bonus day in every company.

Recent case law might be different but unless you are fully prepared to go to court which would mean a very hefty bonus then you are likely to sing for it.

Sistersweet Fri 11-Mar-16 22:12:16

Sounds standard to me. Ne we resign until your bonus is I. Your account. I've never heard of anyone being eligible for it if they are working their notice.

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