Unpaid bonus. CCJ and Warrant obtained

Christmas-fairy

I issued a Money Claim Oonline to my previous employer for a bonus that was not paid to me back in September 2016.


I chased and chased this payment during my employment through my manager and payroll (the only way to contact payroll was via email) all emails were ignored.
I have copies of all emails I sent requesting the payment at the time.

In November 2016 I sent a final letter chasing the payment, giving 7 days before commencing action through MCOL.

I received a default judgement as they did not respond and have now paid £77 to issue a Warrant of Control which was issued on 16th December.

This morning I have received an email from my previous employer stating they are in receipt of my claim.


They believe the reason for my claim is a deduction from my pay on October for 'overtaken holiday' (this is not the what I'm claiming it's for unpaid bonus)
they have said they will contact the court to let them know I'm not entitled to the amount claimed.

It looks as though they have not read my Particulars of Claim sent at the time of the original claim as this outlines the proof of being entitled to my bonus and numerous requests for it to be paid.

I've checked and they have another unsatisfied CCJ for £35k from November 2016.
Mine is only £400 plus costs of £112.
They are actively trading and have 40+ branches accross the UK

What are their options now?
Can they apply to get this set aside now I have obtained a Warrant of Control?
Should I reply to their email stating their reason to apply to set aside are incorrect, or just let them pay the £255 and send the incorrect information?

w00519772

What does your contract of employment say about the bonus? In my experience it is usually discretionary meaning that your manager does not have to give it to you i.e. it is linked to your performance and the performance of the company. If it is discretionary then do you have evidence e.g. email that they agreed to pay you this bonus and the amount? Maybe they ignored you because you were not awarded it?

I would ask how they have calculated your overtaken holiday. If it is wrong then challenge it.

I am not an expert, just offering my opinion.

Voyager2002

They can't just contact the court "to let them know that the judgment was wrong", the time to let the court know anything was the hearing. In order to get the judgment set aside they would need to show good reason why they could not attend the original hearing, and probably explain those reasons in a separate court hearing.

Voyager2002

Christmas-fairy wrote: »

It looks as though they have not read my Particulars of Claim sent at the time of the original claim as this outlines the proof of being entitled to my bonus and numerous requests for it to be paid.

I've checked and they have another unsatisfied CCJ for £35k from November 2016.
Mine is only £400 plus costs of £112.
They are actively trading and have 40+ branches accross the UK

Should I reply to their email stating their reason to apply to set aside are incorrect, or just let them pay the £255 and send the incorrect information?

Yes, a court would expect you to act reasonably and do everything in your power to resolve the matter without the need to involve the courts any more. So it would be good to send the other party a short but polite message saying that they are mistaken in the reasons for your claim.

Christmas-fairy

Thanks for your responses.

I have proof that I fulfilled all the criteria to be paid my bonus. I have the figures achieved for the month as well as a copy of the company bonus scheme which sets out the requirements for achieving the bonus. My Manager also confirmed verbally that it should have been paid.

I have sent all of this in my Particulars of Claim.

I don't believe they ignored my emails because I'm not entitled to the bonus. They are not very efficient in dealing with any correspondence in head office, hence the reason why I left the company. Constant customer complaints that were never dealt with and the only way you are allowed to contact head office is via email

Majestic12

Christmas-fairy wrote: »

Thanks for your responses.

I have proof that I fulfilled all the criteria to be paid my bonus. I have the figures achieved for the month as well as a copy of the company bonus scheme which sets out the requirements for achieving the bonus. My Manager also confirmed verbally that it should have been paid.

I have sent all of this in my Particulars of Claim.

I don't believe they ignored my emails because I'm not entitled to the bonus. They are not very efficient in dealing with any correspondence in head office, hence the reason why I left the company. Constant customer complaints that were never dealt with and the only way you are allowed to contact head office is via email

You do need iron-clad clarification of the bonus. Is there any mention of the bonus in your contract being discretionary? You might have fufilled the criteria but if the bonus is not mandatory to be paid, then it does not need to be paid.

Christmas-fairy

Here is the wording from my contract of employment

"Bonus/Incentive Plan
You may be eligible to participate in a non-contractual commission scheme and/or a non-contractual performance related bonus
scheme, details of which will be provided to you separately. Payments are dependent on business and/or individual performance and
personal objectives being met and therefore payments are not guaranteed. Bonus and commission payments will be pro-rated where
appropriate ie during your first week, month or year of service. Payments are made on a discretionary basis and are subject to the
rules of the applicable plan at the time of payment. In order to receive a commission or bonus payment, you must remain in employment
at the time payment is made. Commission or bonus will not be paid where you have left employment (except in the case of
redundancy). The Company retains the sole right to amend, alter or withdraw bonus/incentive schemes at any time."

I was employed at the time the bonus was payable. Other managers were paid bonuses that month, so the bonus scheme was not withdrawn . My manager stated I should have been paid the bonus and I did not receive any communication from the company stating that my bonus was withdrawn.

Undervalued

Christmas-fairy wrote: »

Here is the wording from my contract of employment

"Bonus/Incentive Plan
You may be eligible to participate in a non-contractual commission scheme and/or a non-contractual performance related bonus
scheme, details of which will be provided to you separately. Payments are dependent on business and/or individual performance and
personal objectives being met and therefore payments are not guaranteed. Bonus and commission payments will be pro-rated where
appropriate ie during your first week, month or year of service. Payments are made on a discretionary basis and are subject to the
rules of the applicable plan at the time of payment. In order to receive a commission or bonus payment, you must remain in employment
at the time payment is made. Commission or bonus will not be paid where you have left employment (except in the case of
redundancy). The Company retains the sole right to amend, alter or withdraw bonus/incentive schemes at any time."

I was employed at the time the bonus was payable. Other managers were paid bonuses that month, so the bonus scheme was not withdrawn . My manager stated I should have been paid the bonus and I did not receive any communication from the company stating that my bonus was withdrawn.

You will have an uphill battle here. Firms have wide discretion and an employment tribunal will seldom overrule this. There was a legal ruling that discretion should not be used "perversely" but, as I say, proving that it has been will not be easy.

edit....

Just to add, have you taken advice that MCL / Small Claims Court is the right venue for your claim? Whilst you can certainly pursue a simple non payment of wages claim here they do not have the remit to decide other employment issues. You may need to use an employment tribunal where there are significant fees to pay and a strict three month time limit in which to submit a claim.

steampowered

I would simply leave this the bailiffs. Let them make the employer pay.

Nothing of what the employer is saying about the bonus or what the contract says is relevant right now. The Op already has a CCJ requiring the employer to pay a fixed amount. That stuff would only become relevant if the employer issues a formal application in court to have the default judgment set aside.

The longer the employer waits, the more difficult it will be for them have the CCJ set aside.

If the employer was properly served with the claim form but simply ignored it, I doubt they would be able to get the claim form set aside in any event. Maybe they can get it aside if they claim they didn't receive the claim form, but if they want to go down that road they need to file a set aside application.

Undervalued

steampowered wrote: »

I would simply leave this the bailiffs.

Nothing of what the employer is saying about the bonus or what the contract says is relevant right now. The Op already has a CCJ requiring the employer to pay a fixed amount. That stuff would only become relevant if the employer issues a formal application in court to have the default judgment set aside.

The longer the employer waits, the more difficult it will be for them have the CCJ set aside.

Yes but I suspect the employer won't have much difficulty getting it set aside if they get on with it. OK, they may well not bother as it is relatively petty cash. However I think the only reason the OP "won" here is because the employer didn't file a defence, not because the OP had a strong case.

Majestic12

Undervalued wrote: »

Yes but I suspect the employer won't have much difficulty getting it set aside if they get on with it. OK, they may well not bother as it is relatively petty cash. However I think the only reason the OP "won" here is because the employer didn't file a defence, not because the OP had a strong case.

Precisely. Its already been estabilished that according to the contract, the bonus is discretionary, and I'm not sure why the OP feels they are entitled to the bonus.