Unpublished policies

slackda

Hi guys,

Hope some one can help me on this.
I'm due to leave my current roll next week and about half a week ago hr produced an unpublished policy regarding bonus payments, I.e I'm not entitled as I leave 4 days before the end of the period.

My main question is that as this policy was unavailible to all employees and was not officially issued to the business is it enforceable?

My manager was unaware of the policy and would have advised me when I handed in my notice to extend to the end of the month , which given enough notice my new employer may have found acceptable.

But with only a week an half notice I doubt that my new employer will be happy with my changed start date.

Thanks

Slack

Daedalus

What is the terms of the bonus? Contractual?

slackda

Yes it is, in accordance with the company bonus structure the details of which your manager will discuss with you.

This has never been discusse until last week.

jacques_chirac

What exactly does the contract say about the bonus?

What has happened when others have left (assuming they have the same terms as you)?

slackda

No one has really left the company in the last 12 months, ie from the date of this document , just redundancies and retirements.

Just updated the post above with what the terms actually say

jacques_chirac

slackda wrote: »

No one has really left the company in the last 12 months, ie from the date of this document , just redundancies and retirements.

Just updated the post above with what the terms actually say

What happened before that time, and to the people that have left through redundancy or retirement - have they been given a bonus (on a pro rata basis)?

slackda

Before that time, there were pro rata payments made.

Redundancy not sure and not sure on retirement

jacques_chirac

Assuming you are all on the same contractual terms, and you had no access to or awareness of this change in policy, you have a strong argument that the old policy should still apply - a pro rata payment should be made as per custom and practice.

slackda

How would I go about challenging it though.

Funky_Bold_Ribena

Ok...any bonus that is discretionary is at the whim of the management. One sniff that you are leaving the they will snatch it back. Always best to get the bonus and then resign.

ValHaller

slackda wrote: »

How would I go about challenging it though.

Grievance in the first instance. A lot will depend on how the bonus is arrived at. If it is fully contractual, then they would have needed to give you proper notice of the change in T&C's. If the fact of a bonus is contractual but the amount is discretionary, then they could set the amount to nil and give you that. But if the bonus is deterministic - eg calculated on the number of widgets sold - then you should be entitled to your bonus.