Previous employer demanding payback of £2000 bonus

jamesfisher1989

Hoping someone can help with this..

I started a job in February of this year. In the contract I signed, it was stated that I was to receive a joining bonus of £2000. If I was to leave the company within 6 months I was required to pay this money back. I signed this contract, no disputing that.

In July of this year I was rather suddenly told I was to lose my job, due to cutbacks in the number of permanent staff. I was treated pretty shoddily to be perfectly honest, however I was still in a probationary period so not a lot I could do.

As per my contract, my employer has written to me demanding the money back. The £2000 was payrolled, so they are demanding the amount back less whatever I was taxed on it, it comes to over a thousand pounds.
Leaving aside all moral arguments, what tactics could they use to get this back? I can't stress enough how crappy the company the company was to me, normally I could accept if I had signed up to something and it didn't work out but if the company was to go bust tomorrow I wouldn't be shedding any tears put it that way.

Just looking for some honest opinions/thoughts as to how this situation could pan out.

stclair

I would just write back and offer them X amount a month.

spacey2012

Without seeing the contract nobody can really tell you very much.

jamesfisher1989

Well they have said 'a repayment plan can be discussed.' I don't have all the money in readily accessible cash.
Legally, I assume I don't have a leg to stand on, as I signed the contract? Could they technically bring forward legal action in this case?

jamesfisher1989

Well the contract says pretty much what I said:

'You will receive a joining bonus of £2000...If you leave within 1 to 6 months of joining, you will be required to repay the full amount of £2000.'

Voyager2002

Normally, the bonus would have to be repaid if you decided to leave. Since it was not your decision, I don't think they have any right to a single penny of it back. (Unless you obtained the job by deception, or your performance at work was not what they could reasonably have expected from what you told them at interview, or something like that.)

Podge52

Technically you haven't left, You were dismissed. I don't know if that would have any bearing on the situation.


Beaten to it by Voyager.

Takeaway_Addict

Voyager2002 wrote: »

Normally, the bonus would have to be repaid if you decided to leave. Since it was not your decision, I don't think they have any right to a single penny of it back. (Unless you obtained the job by deception, or your performance at work was not what they could reasonably have expected from what you told them at interview, or something like that.)

Not if what the OP has said is true, there is no mention on how they leave, just IF they leave.

BitterAndTwisted

You didn't leave. Of your own volition, that is. You were asked to go by the employer, so my position would be that they have ended your employment not you, so therefore the joining bonus is not repayable.

They could have attempted to claw back the max possible from your last salary cheque but I think it's doubtful that they would spend X amount of money to attempt to reclaim it from you via the courts now that you have gone as that would likely cost them more than they think you owe them.

jamesfisher1989

Well the contract says 'if you leave' which could cover any reason, but the letter from HR said 'as you decided to leave' which is categorically not true.

In terms of performance at work, I was working for a recruitment agency. The 'desk' I was on was not bringing in enough revenue. Then another member of my team left the company. I was basically told I was going to take over his work. Then a week later I was told I had to leave, I believe my change of position hadn't been ratified by the area manager.
So I suppose they could argue that poor performance was the reason for me leaving, however my manager had accepted that a large proportion of the lack of revenue from my previous role was not my fault, hence him being happy to seemingly offer me another role in the same team..

Voyager2002

OK, so I suggest you write to them pointing out that the letter from HR was wrong and basically invite them to whistle for the money.