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Advice re bonus

4 replies

westofthemoon · 28/02/2015 13:13

Hi there, am hoping someone might be able to advise on a situation re a joining bonus from my previous employer which they are now claiming I have to pay back.

In a nutshell, they offered me a bonus amount to sign up with them, which they went ahead and paid me shortly after I started - for various reasons some months later the role has not worked out and I decided to leave. I checked through all of my paperwork before doing so, and there is nothing in my contract regarding clawback of any bonus - in fact there is no mention of the bonus at all; the only place it is referred to is in my offer letter which just states the amount and makes no mention of it being repayable under certain circumstances.

When I handed in my notice there was no mention of the bonus being repayable, so I assumed all OK on that front, however I have now received my final pay and they have deducted the bonus amount from it, which is particularly stressful as it leaves me without enough money in my account to pay my mortgage this month with no warning. I've contacted HR and they are claiming that the contract I was given (and signed) is the wrong version and it should include clauses stating that I must pay back the money if leaving within x amount of time - I've never seen or been given a copy of any terms and conditions other than the ones I signed, and it has never been mentioned in any communication that the bonus was conditional.

I'm trying to figure out whether I have a leg to stand on if I pursue this with them - either to get the money back or at least to agree to repay it in smaller installments so I'm not left with no money for bills this month. Can anyone advise?

Thank you in advance

OP posts:
flowery · 28/02/2015 13:57

"I've contacted HR and they are claiming that the contract I was given (and signed) is the wrong version and it should include clauses stating that I must pay back the money if leaving within x amount of time."

That may we'll be true but it's not your problem. Your terms and conditions are the ones you were given and have signed, not the ones they wish they'd given you!

Put in a grievance stating that this is an unlawful deduction from your wages and if they don't repay it you will be forced to take ithe further.

westofthemoon · 28/02/2015 14:31

thanks Flowery, that's a relief - can i still submit a grievance if I'm no longer an employee?

OP posts:
tealady · 28/02/2015 14:37

Sounds like they messed up (and hopefully that will work out in your favour) I would suggest you contact the ACAS helpline for advice. See here for info
Maybe put something in witing to your employer asking for your money to be returned?

www.acas.org.uk/index.aspx?articleid=1461

flowery · 01/03/2015 22:11

Yes you can still submit a grievance, but it's not really important whether it's called a grievance, it's just putting in writing formal notification that you consider an unlawful deduction has been made from your pay and requesting they put it right immediately.

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