I didn't get cost of living payment from old company

[SisterAct123]

We were told late last year that we would receive £450 in two payments - November and January's payroll. The payment was for cost of living.

My last day at the company was early January. I therefore got my salary plus owed holiday. However no cost of living. I handed in my notice at the company by giving them the required four weeks - but I took the first week in January as holiday (was booked before I handed in notice).

AIBU in thinking I should have received the cost of living payment?

The payment is the same for all staff regardless of hours worked etc. we had to change our tupe contract to get it as well.

The only people that can answer this is your old company so you need to contact them.
Where I work for example you have to be classed as is in service on a specific date to receive the payment. Your employer may have chosen the 7th Jan.

It might depend what weeks are actually paid for on pay day. At my old work pay we where paid every 4 weeks. That pay was made up of 2 weeks you have already worked and 2 weeks in advance of work.

You need to check your contract. It may be worded that any additional payments above contractural and overtime hours for a month are only paid if you are an employee on the pay date.

You said you took the first week in January as holiday. So if that’s the case, and you were “employed” until the 6th, you didn’t work any days.

Regardless, you had already handed in your notice then. Even if you had worked that entire first week you wouldn’t be eligible because a) you’d already handed in your notice and b) you didn’t work the entire month.

where is the rule?

Surely that's a question for your old employer....?

There isn't one as far as I know... hence why I think I should get it.

Even if there is no date rule, the payment will be discretionary. That’s why employers can pay some people bonuses and not others. Dig out your contract, see what it says about bonuses/discretionary payments.

It's common sense that if you're not there for most of the month it's paid, you won't get it.
It'll be entirely discretionary anyway, so I doubt they'll budge.

You'll have to let this one go.

If you genuinely think you should get it because there are no documented policies around discretionary payments (which any payment outside your regular salary is) then next step is get legal advice

You will then find that the policy is documented and you just haven’t seen it or been informed of it or you will force them to give you the payment

Up to you whether the cost of legal fees makes it worthwhile

What’s the point in asking AIBU when you don’t want anyone’s opinion if it doesn’t match yours? You think you’re in the right so speak to the company and ask their policy on this rather than asking randoms whose opinion you don’t actually want.

@Womencanlift so,.... to put a spanner in the works. We actually had to add a clause in our contract to allow us to receive such payment.....

Mine too

Post the excerpt of the contract OP.

Well there you go then. Speak to your lawyer. They will be in a better position to say whether you are entitled to it than MN

What does the clause say? I'd assume there would bd something about qualifying for it.
Your first move should be check your contract and then contact hr/payroll and ask the question if it's not clear or the contract suggests you should have received the payment.

I would assume not, given you were in notice period from 4 weeks before the payment date but it's always worth checking with the people who know the answer

It’s not an earned amount though is it OP. So you can’t pro rate it for the amount of time you worked in January. It’s a one off payment paid at the end of January, by which time you were no longer an employee.

There would have been a day when you needed to be employed and possibly not under notice to qualify. Ask for the detail of the policy.

If there’s a clause in your contract then read it and argue it with your former employer. Via a lawyer if necessary

No point asking us because we don’t know what the contract says!

I wouldn't have expected to get this. You left in January before the pay date.

Get evidence and get it checked out but I'd venture the 'clause' was an amendment that simply put something in about discretionary payments whereas maybe there was a previous one that said these wouldn't be made. If this is the case then the advice you've been given here stands and it's unlikely you are due, or will receive, anythinng - but get it checked out either way!

So? Have you directly asked them? Bet I can guess what their response will be.

You received a January payslip but it would only have been for 6 days of January and your P45 would have shown you leaving before the discretionary bonus date.

I've not seen anyone get it that's serving notice on the date it fell payable.

There is literally no point in responding to the OP.

OP is convinced she is in the right and rather than just contacting her old employer she is putting all her energies into disagreeing with anyone who doesn't agree with her.

As you were not employed on payday, then no. Not entitled to it. If pay day was 28th, if your last day was 27th then still no.

OP, I also am not employed by your ex company, and they didn't pay me an employees cost of living payment either. Bastards -eh! In fact, there's lots of companies out there that I don't work for who have paid a cost of living payment to their employees, and not a single one has paid me! It's so unfair!

You've had your P45 by now. It shows your leaving date. Jan 6th. The date they run the payroll, the date you are paid your salary is irrelevant. You seem to be getting confused between when you worked / finished and when you were paid. The 2 are not the same. You left on the 6th. The fact you were paid at the end of the month is inconsequential. You didn't work for the company for 25 days of the calendar month.