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Original poster

Bonus/overtime

32 replies

Stressalot42 · 07/07/2017 12:04

I've started a new thread as my first was really badly worded!

So I've handed in my notice ..... hooray!!

Before I handed in my notice, I did a vast amount of extra hours to meet a deadline, including weekends. I insisted before I did the last weekend that they confirm how they would remunerate me. I got an email basically saying....

Due to recognition of your significant and appreciated over the past six months we are awarding you a discretionary bonus of £100000000. This will be paid at the end of July.

So it's due for hours worked historically, but it's discretionary.

Should I fight to get this paid?

OP posts:
IllBeAtTheSpa · 07/07/2017 12:12

Have they said they won't pay it? And what reason have they given to remove it now? I understand "discretionary" but just wondering what they have said about removing it from you? Presume you'll still be employed at end of July if your doing a 4 week notice period?

Spartak · 07/07/2017 12:14

Have they said they won't be paying it?

CadnoDrwg · 07/07/2017 12:15

A discretionary bonus of £10 million?

In my business you have to still be employed at the time of bonus award to be eligible for it. Even if you worked a full year if you aren't on payroll come April then no extra money is provided...although for those eligible for £10 million bonuses they could probably negotiate that one successfully!

Upanddownroundandround · 07/07/2017 12:16

So confused. Where have they said you won't be paid?

Upanddownroundandround · 07/07/2017 12:17

And also 10 million??

TheHiphopopotamus · 07/07/2017 12:18

Where do you work that you get a £100 million bonus?!

abbsisspartacus · 07/07/2017 12:19

I would fight for that bonus 😂

LIZS · 07/07/2017 12:21

Will you still be employed on the date it is due to be paid?

Original poster
Stressalot42 · 07/07/2017 12:21

It's been "hinted" at!

They are angry, you're leaving us I trouble, we've agreed this bonus, blah blah

And it would be par for the course, hence my resignation!

OP posts:
Original poster
Stressalot42 · 07/07/2017 12:22

The amount was hypothetical!

Yes, I will be still employed when it's due.

OP posts:
Rhayader · 07/07/2017 12:23

Assume the bonus isn't 100M as that would make you better paid than most (all?) professional footballers.

To be honest, discretionary bonus means discretionary. My contract and DH's contract says that they can withdraw bonus payments if we hand in our notices.

passthecremeeggs · 07/07/2017 12:36

At my work bonuses were only paid if still employed and not working notice - always wait until it's in the bank before resigning!

Lucysky2017 · 07/07/2017 13:10

Do a google search of all the recent court cases. There have been quite a few all on this issue - what was definitely offered, what is just discretionary etc.

Some were awarded a bonus by the courts - they were told if they stayed after a takeover they would get bonuses and then the employer tried to renege on this www.ft.com/content/9553397e-99bf-11e1-8fce-00144feabdc0?mhq5j=e1

There is quite a good summary at www.landaulaw.co.uk/bonuses/

rjay123 · 07/07/2017 13:17

The word discretionary is key here.

They don't contractually have to pay you a bonus. They are quite within their rights to not pay you it. Morally they would be cockwombles, but legally they aren't breaking your contract.

peachgreen · 07/07/2017 14:07

Everywhere I've ever worked doesn't pay bonuses to those who are either no longer employed or in their notice period at the time of award.

caffeinestream · 07/07/2017 15:01

I've never worked anywhere that's given people a bonus if they've handed in their notice before the bonus is due. Sorry.

LoveCakesandWine · 07/07/2017 22:21

Sorry OP but I agree with those on both threads that the norm is not to receive a bonus if the bonus is due after you resign

contortionist · 07/07/2017 22:23

I'm sure contracts and practices vary, but I wouldn't hand in my notice until the money is in my bank account.

Groupie123 · 07/07/2017 22:26

Non-contractual Bonuses typically aren't paid under notice.

Crispbutty · 07/07/2017 22:30

You have confirmation in writing that they ARE going to pay you, so they have to honour that. I would chase up your hr/payroll department as soon as you can as they will be processing julys payroll now and if you wait until payday to find you haven't received it then you will be chasing it up for a month longer.

Original poster
Stressalot42 · 08/07/2017 05:01

To be honest the opportunity that I've been offered I wouldn't want to miss, bonus or not!

But it just aggrieves me that I've put in so many extra hours and they are going to reap the rewards. A large part of the reason for leaving was the unreasonable and massive pressure they put me under for this deadline.

I got brave and said I would not do another weekend for free. So agreed this "bonus". Which is actually payment for overtime worked, but as it's been worded as a "discretionary bonus", I'll lose it.

It's money I never had, so I'll just have to get over it. It just aggrieves me that they will keep the money.

My OH says it's wrong, it's like stealing from me as I worked all those hours.

OP posts:
Picklepickle123 · 08/07/2017 05:50

I don't understand why you would lose the bonus? The letter says you've been awarded the discretionary bonus?

Expat38matt · 08/07/2017 06:14

As PP have stated it's unusual to pay bonus to someone who's resigned I'm afraid
Our terms of employment state that you must be employed to receive even historical commission and bonus
You would have been better to hang on until it was paid before you resigned . I'm not sure you have any leverage I'm afraid

Expat38matt · 08/07/2017 06:16

Can I ask why, if you'd negotiated extra hours in return for this bonus , did you resign before u got it ?

AyeAmarok · 08/07/2017 06:20

None of my employers would pay this bonus if you had handed in your notice.

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