payroll based question concerning bonus & mat leave

[OnlyWantsOne]

So I work for a big national comapany.

Currently on Mat leave. Wasnt eligible for SMP from my employer as I hadnt worked for them for long enough so I am getting MA.

My employer pays a yearly bonus (its calculated as a % of your yearly pay)

Will I still be eligible for this? As a % of what I would have been payed if I was working? Or any thing at all?

It's quite funny getting payslips every month with £0.00 on them as my take home pay :(

Its a can of worms.

In theory if everyone at your level gets the same % and it's not 'discretionary' (ie not dependant upon individual performance) then no, you don't get it (hoyland v asda I think)

If it's discretionary then yes, you should get it. Plenty of places pro-rata it although most lawyers advise not to pro-rate (??madrassy?? case IIRC - Italian city lady but can't recall exact spelling). I think you potentially have a case if they pro-rate, but it is a very grey area indeed and I don't think there has been any recent case law to properly clear up whether people should get full 12mth amount versus pro-rated sum.

Is there anything written down anywhere about this bonus?

If it is contractual, and forms part of your normal renumeration, you should get a proportion based on how much of the relevant year you were in work, plus the two weeks compulsory maternity leave.

If it's genuinely discretionary, which would be things like an unexpected Christmas bonus everyone got, or similar, then you should get it all.

The bonus is afaik part of the "package"

Along with the staff discount etc which I am still able to receive.

The company are very good to their staff. They are well known for it.

staff are known as partners and they sell naice ham and price match with debenhams if you know who I'm talking about ahem

I would expect you to get a proportion based on how much of the year you were at work then. Plus some naice ham.