payment of bonus

[Nickyfen]

Hope some one can help me. I was told by my employers that whilst on ML I would still be entitled to an end of year bonus payable in april if our company acheived its targets. I enquired before xmas about the bonus, and my boss told me it was unlikely i would receive a bonus, as we weren't on target, so I didn't chase it. However since then I decided not to retun after my ML ended (due to the way I was treated whilst pregnant) and found out from a colleague that she (and probably the rest of the staff) did in fact receive a bonus. I have approached my boss, and he told me that only 1 person (i.e. he's implying the person who told me) received a bonus as she was the only one to meet her targets (I am sure this is not true) and that it is at the managements discretion anyway. I believe I am still entitled to this, however I don't know where I stand legally, particularly as I am no longer an employee. I am sorry this is a bit long winded, but if anyone can advise me I'd be grateful..

[Jackstini]

Do you have anything in writing Nickyfen? If not it will need a solicitor to dig into how much the bonus was, what either individuals &/or the company as a whole had to acheive to be eligible for it and who eventually got it. You may have had to be under employment for the full financial year to qualify (not sure if you were). Can you ask your colleague discreetly if anyone else got it?
I had a situation similar once and 9 of us got together to pay the solicitors fees (we all felt we were owed and company said not) Cost us about 150 quid each but we all ended up with our 2 grand in the end! Any good solicitor should give you a half hour appointment for free to talk you through it and see if it is worth persuing. Good luck

[mancmum]

when did you leave -- if you did not return to work after ML, then you effectively terminated employment when you left. If bonus paid after, don't think you are entitled to it...

[Nickyfen]

I left in may, the bonus was paid in april, so I was still an employee.
I do have in writing that I woul receive a bonus if the company met certain targets, but I have no information about their performance, so I don't know if they are lying or not. The problem is my ex-boss loved to ceate a 'veil of secrecy' around anything such as bonus' so he'd make you think you were getting more than everyone else, or that no-one else got one, to make sure you didn't discuss it with anyone else.

[Prufrock]

During ordinary mat leave you are entitled to be treated as if you were still working (except for basic wages) So if you only took oml, you should be able to get the bonus if teh conditions have been met that mean others in your old position or similar have receieved a bonus. They are allowed to pro-rate a bonus becaue you are not entiteld to it in any period of aml. Even if bonuses are at managemnt discretion the fact you are on oml is not allowed to influence him in teh exercising of that discretion. Try contacting the maternity alliance (contact numbers aere on their website)

[mumfor1sttime]

This exact thing happened to me. I wasnt given a profit sharing bonus whilst on ordinary maternity leave(26 wks). I wouldnt have known anything about it unless my collegue mentioned it. I chased it up and recieved the bonus. On your maternity leave you are still technically employed by the company and are entitled to what ever anyone else is getting. This includes holiday entitlement, bonus payments and a pay review. You do not have to return to work after the leave to recieve these benefits, it is your right. I would def try to chase up the bounus, maybe go to CAB or look on the maternity alliance web site as suggested. Good luck!

[Nickyfen]

I have just called ACAS and they have told me it a a complicated area, it depends on what it states in my contract and i will prob need legal advice . it's not going to be as straightforward as I'd hoped. It makes you realise why so many women just don't bother to pursue things like this.

[Lizzylou]

I wasn't entitled to commission bonuses payable after I left to go on maternity leave, even though I'd earned them whilst pregnant....I was fuming, I would have just put my feet up on the desk and done nowt if I'd have known!!

[mumfor1sttime]

That cant be right lizzielou. This sort of thing makes me

[Lizzylou]

I was counting on it as well, but sent an email to my MD and he said I wasn't entitled to it as when on maternity leave bonuses don't have to be paid.......thats why now I don't feel guilty for being on Mumsnet for most of the two days I work from home for them!!!

[mumfor1sttime]

I cant see what difference it makes if you were on leave or not! You earnt the money - they should pay up. My bonus was a profit sharing one which was calculated by sales for a one day sale. I didnt recieve it. So I complained and it took me 3 months, but I eventually got it, it was more the principal of it for me as the amount wasnt that much.