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Withholding of bonus on retirement!
Fuerte28
Posts: 6 Forumite
Hi, after some impartial advice please.
After 29yrs continuous employment, I notified my employer in writing on 3/1 of my intention to leave the business retire) and gave my statutory 12 weeks notice which has been confirmed back to me as 27/3.
I am considered a good leaver.
The Company has paid for a number of years, a quarterly bonus, worth 2.5% of annual salary, dependant on Company profit, as well as personal performance.
My bonus rating for Q4 (ending 31/12) was “A”, the max possible, and should be paid in the January salary.
I have was advised Friday that because I tendered by notice before payment was made, I am not entitled and will not receive this bonus.
I will, note, work almost the entire Q1 2020 before I physically leave the Business, but completely understand and expected that I wouldn’t receive any bonus for that period in time.
Do I have any right to challenge?
TIA
After 29yrs continuous employment, I notified my employer in writing on 3/1 of my intention to leave the business retire) and gave my statutory 12 weeks notice which has been confirmed back to me as 27/3.
I am considered a good leaver.
The Company has paid for a number of years, a quarterly bonus, worth 2.5% of annual salary, dependant on Company profit, as well as personal performance.
My bonus rating for Q4 (ending 31/12) was “A”, the max possible, and should be paid in the January salary.
I have was advised Friday that because I tendered by notice before payment was made, I am not entitled and will not receive this bonus.
I will, note, work almost the entire Q1 2020 before I physically leave the Business, but completely understand and expected that I wouldn’t receive any bonus for that period in time.
Do I have any right to challenge?
TIA
0
Comments
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What does your contract of employment say? In my workplace the situation is same as yours, no bonus if you are under notice.0
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Not in my contract of employment, as the bonus is aside from the standard contract.
Its the fact that I miss 2x bonus payments (as opposed to the one which I fully expected) that grates tbh, when I will have worked in full for both quarters (barring 2 days)0 -
So discretionary.Not in my contract of employment, as the bonus is aside from the standard contract.
As you are retiring rather than simply leaving the company and you have such long service I would have expected your employer to pay the bonus. See your line manager, but realise that this needs to be an appeal to their good graces rather than a "challenge"
Good luck...0 -
Rather bad for your morale, and perhaps everyone else's when they see how you have been treated. As you are retiring do you care about any future reference? I would be very tempted to point out that this would make it harder for me to find the motivation to work so productively in my last months.But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
Never a good idea to resign just before potentially discretionary payments are due.0
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Do I have any right to challenge?
TIA
You can always challenge anything you like (or more accurately don't like). If your bonus terms are discretionary, and it sounds as if they are, then it sounds as if some jobsworth hasn't spotted the difference between a loyal employee with nearly 30 years of service who is retiring, as opposed to someone who has been around for a couple of years and is heading off to greener pastures, possibly with a competitor.
A quiet word as high up the food chain as you feel comfortable going, more in sorrow and bewilderment than anger, might get you a lot further than a challenge.
I hope you do get your bonus. Please come back and let us know.0 -
You can challenge but I very much doubt you will get anywhere by so doing. Most bonus schemes are discretionary so bonus can be withheld for any reason or none. Many schemes also have rules around entitlement including such things as not being on notice at the date of payment.
As others have said, a quiet word with somebody in a position to override the standard approach can't do any harm. With a solid work history they may consider a good will gesture.0 -
Hi, after some impartial advice please.
After 29yrs continuous employment, I notified my employer in writing on 3/1 of my intention to leave the business retire) and gave my statutory 12 weeks notice which has been confirmed back to me as 27/3.
I am considered a good leaver.
The Company has paid for a number of years, a quarterly bonus, worth 2.5% of annual salary, dependant on Company profit, as well as personal performance.
My bonus rating for Q4 (ending 31/12) was “A”, the max possible, and should be paid in the January salary.
I have was advised Friday that because I tendered by notice before payment was made, I am not entitled and will not receive this bonus.
I will, note, work almost the entire Q1 2020 before I physically leave the Business, but completely understand and expected that I wouldn’t receive any bonus for that period in time.
Do I have any right to challenge?
TIA
Presumably that is your contractual notice as your statutory period would be one week but statutory notice periods can be superseded (only upwards) by contractual.
Is it the case that your contract requires you to give as much notice as the company would, by law, be required to give you?0 -
Hmm, not sure there would ever be a good time on that basis, Quarterly bonus, 12 weeks notice period, always going to miss out on a bonus, this way I’m loosing two, my bad I guess.0
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You are right of course, contractual rather than statutory😞0
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