Previous employer demanding payback of £2000 bonus

vassa

LOL if the contract says exactly as you've typed, tell them to swing for it.

Leaving involves you (by its very definition) 'going away from', you didn't go away from anything, you were SENT. They made you redundant, you didn't leave, tell them you'll see them in court if they want to take it that far, and don't offer a penny.

AP007

vassa wrote: »

LOL if the contract says exactly as you've typed, tell them to swing for it.

Leaving involves you (by its very definition) 'going away from', you didn't go away from anything, you were SENT. They made you redundant, you didn't leave, tell them you'll see them in court if they want to take it that far, and don't offer a penny.

the OP was fired

jamesfisher1989

Well, in the sense that there is now one person working in my team where there were three, yes my opening statement is correct. Basically what I mean is, they have got rid of my job post now

vassa

AP007 wrote: »

the OP was fired

Well i only read the OP, but being fired isn't 'leaving'. The contract (if indeed it is exactly as he said on page 1) is pretty clear in its wording. Two very clearly different words.

Unless it's got some other clause about being sacked. If it hasn't, in relation to the bonus, then under what legal foundation can they demand the money back?

AP007

jamesfisher1989 wrote: »

Well, in the sense that there is now one person working in my team where there were three, yes my opening statement is correct. Basically what I mean is, they have got rid of my job post now

I think your company will say whatever they need to now as you have nothing in writing from them to say this.

jamesfisher1989

The contract is as I typed it. It does not say something like 'If your employment ceases,' just 'if you leave.'

vassa

jamesfisher1989 wrote: »

The contract is as I typed it. It does not say something like 'If your employment ceases,' just 'if you leave.'

Tell them to take you to court.

You need a proper contract lawyer to look over it, but if it says 'if you leave' then by the very definition of leaving, you didn't. You wanted to keep working there and were told you couldn't, it has nothing about being sacked, nothing about being made redundant, nothing about disciplinary or trial period or anything, they have absolutely no case in contract law, and i'd be interested to see anyone argue under what point they would have a case, because it's written explicitly in pretty clear English what was required of you to get your bonus, and you adhered to it.

What's your situation now? If you're on benefits etc then no judge is ever going to award them costs, and if they do it will be payable in tiny increments, but it'll cost them £2k+ per day in court if they're any sort of company employing decent solicitors.

Can't see what case they have against you.

jamesfisher1989

I am working again full time.

They also, according to my final payslip, owe me pay and holiday pay of £370.52, basically I wrote this off as I had decided to just ignore their letter. Not sure what to do about that now..

AP007

jamesfisher1989 wrote: »

I am working again full time.

They also, according to my final payslip, owe me pay and holiday pay of £370.52, basically I wrote this off as I had decided to just ignore their letter. Not sure what to do about that now..

the correct way would be to show the holiday as a + and the figure you owe them after deductions as a deduction of -2000 to produce a negative payslip and then sent a letter with it to explain the amount they wanted

They can not now ask for £2000 as they have not paid the holiday owed to you.

jamesfisher1989

It is as follows:

Salary: 161.10
Leaver Holiday Pay: 209.42
Bonus Reclaim: -2000

Total Payments: -1628.98
PAYE: -471.40
Net Pay: -1,157.58 (Amount to be repaid)