I left a permanent job on 12 April 2012 - I started on 1 September 2011. The reason I gave my employer for leaving was: there are some jobs I am unable to do which are causing problems within the department. My colleague didn't want to take minutes of a meeting and said that she had done her bit so it was my turn. However, I do have a hearing impairment (I wear two hearing aids) and it was embarrassing when I had tried it before because I couldn't hear enough of the conversations to do a good job (overseas accents and general muttering from managers rather than speaking clearly). At that time my manager said 'I thought you said you could do minutes?' I replied that I can when I can hear what is being said or if I know enough about the subject matter (it was a seismic surveying company). Although I was given a recording device on this latest occasion, it didn't really help me during a test so I decided enough was enough so I left.I know that there is a bonus system that operates at the company (April to March, I think) but I didn't receive any additional monies in my final pay. Previously I have worked in HR for many years but wasn't aware of the conditions of the bonus. Am I entitled to ask for a portion of the bonus? I believe it was an across the board percentage payment bonus according to profits but I suppose there are 'get out' clauses for the company like 'must still be in employment at the time of pay out, etc.'RegardsXXXXX XXXXX
State/Country relating to question: United Kingdom
Nothing yet. Though ACAS would be the first port of call
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you had a written contract that had any clauses dealing with the bonus?
I only had an offer letter which I don't think mentioned a bonus, I would have to check it
This simy offer letter:Following our recent discussions, I am pleased to offer you the position of Administration Assistant with Tesla-IMC International Limited. I anticipate your start date to be Thursday 1st September 2011, please arrive at 9.00am. You will be responsible to Sue Booth, Director of Human Resources and you will be based at our Alfreton offices which are the company’s current headquarters.
Your salary in this position will be £16,400.00 per annum. Salaries are reviewed annually in April of each year. This will be paid monthly in arrears subject to the Company’s normal payroll practice, i.e. income tax and employee’s National Insurance contributions will be deducted.
A discretionary annual bonus relating to Company profit share may additionally be paid. This payment is not guaranteed and will be based on any overall profit of the Company which will be assessed annually.
There is Death in Service cover payable which is associated with this role which is 4 times your annual salary.
Your leave entitlement will be based on an annual entitlement of 25 days, plus statutory holidays.
Membership of the company’s Pension Scheme with Friends Life will be made available to you. Under current arrangements the company will make a monthly contribution to the scheme equivalent to 6% of your salary, on the understanding that you make a matching contribution of at least 6%.In all other respects your employment will be subject to the Tesla-IMC International Ltd’s Standard Terms and Conditions of Employment, a copy of which is enclosed for your information.
In the meantime we look forward to hearing from you as soon as possible.
This is my offer letter:
Following our recent discussions, I am pleased to offer you the position of Administration Assistant with Tesla-IMC International Limited. I anticipate your start date to be Thursday 1st September 2011, please arrive at 9.00am. You will be responsible to Sue Booth, Director of Human Resources and you will be based at our Alfreton offices which are the company’s current headquarters.
What happened? I was waiting for a reply......
Please be patient, I need to go through this in more detail and also draft my response
By the way, the offer letter was emailed to me and I didn't receive the standard terms and conditions as stated.
Do you know if these bonuses have been paid in the past and if so - when?
I know they were paid because my colleague at the time told me. She recieved a bonus in 2011. I think they are paid after the year end after March but I don't have any facts, just heresay.
The issue around bonuses is rather complicated so I will provide a summary below. The rights of employees will depend on whether the clause is non-contractual or contractual and if it has discretionary or guaranteed terms.
In this case it does appear that this was a non-contractual clause with discretionary terms, also conditional on company performance.
In such cases past application would be important. If these bonuses have been paid consistently in the past then you have an argument that this has become a contractual bonus through custom and practice. The issue is that this is not a given and would depend on a number of factors, which only a tribunal or court can confirm.
If the bonus is for a time period that you worked at the company then you also have an argument that you should be paid a proportion to reflect that time. Unless there is a specific clause that says you must be in employment at the time the bonus is payable, which does not appear to be the case here, this argument can be raised.
The problem with all this, however, is that the employer can simply refuse to acknowledge the points you raise and refuse to pay you. Should that happen the only way for you to try and get anything out of this is by suing them, which of course has no guarantee of success and may simply end up costing you more.
So no hope then? What about my reasons for leaving them?
Not necessarily no hope but could be difficult to pursue. The reasons for leaving would not automatically entitle you to a bonus and the above would still be the most important factors taken into account
Expert in UK Employment Law
Hello, Following our recent conversation, this is just a quick follow up to see how you are getting on and to check if my advice has been helpful in dealing with your query? I look forward to hearing from you.Regards, Ben
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