Bonus due to be paid but then got furloughed

Cthomas007

So I was due a bonus in April, which is my yearly bonus through the company as part of my wage and contract. I've since been on furlough so not recieved my normal wage etc and now pretty much the only staff member not to be asked back to work. First question if they make me redundant the amount of bonus due in April, will that be given to me?
Second question if I hand in my notice will I still be entitled to my bonus?
Technically I should have got this in April after working all year round. Just want to know my rights incase they make me redundant or if I leave to get another job due to treatment . Thanks. 

strawb_shortcake

Bonuses are typically discretionary so unless it's in your contract it is unlikely that your employer will have to pay it  unfortunately 

Cthomas007

It's in my contract, was part of my salary. Does this now make a difference? 

[Deleted User]

Cthomas007 said:

It's in my contract, was part of my salary. Does this now make a difference? 

It depends on your contract, the terminology and clauses that relate to the bonus.

Jeremy535897

I assume that your employer has not factored in the bonus paid in April 2019 (if after 5 April 2019) into the furlough calculation, which I assume is based on your average pay for 2019/20 (up to when you were furloughed if before 6 April 2020)? This would indicate that your employer does not see it as a contractual entitlement. The guidance says:

"Non-discretionary payments

When you’re working out if a payment is non-discretionary, only include payments which you have a contractual obligation to pay and to which your employee has an enforceable right.

When variable payments are specified in a contract and those payments are always made, then those payments may become non-discretionary. If that is the case, they should be included when calculating 80% of your employees’ wages."

See https://www.gov.uk/guidance/steps-to-take-before-calculating-your-claim-using-the-coronavirus-job-retention-scheme

How is the bonus calculated, and using that calculation, what figure would you have expected in April 2020?

Cthomas007

Thank you, I didn't receive it. It was agreed March till March that whatever profit the branch made I would receive bonus. I was furloughed the last week of March and the bonus would have been paid in May. This was part of my salary increase and contract to accept into my new role. It would be around 3k.
Are you saying that this wouldn't get paid to me upon return or if Was redundant? Or if I handed in notice? 

Jeremy535897

I take it this is the first bonus and there was none in the previous year? If it was in your contract of employment that you would get about £3,000 as a bonus paid in May 2020, then you should be paid it. You have been accruing the right to it since March 2019. That applies whether you are furloughed or not, or made redundant, or handed in your notice (unless your contract of employment says otherwise).

Cthomas007

Yes first bonus. OK thank you. So really I should ask for it now? Seems almost cheeky asking for my bonus when not worked for 3 months. 

Jeremy535897

Cthomas007 said:

Yes first bonus. OK thank you. So really I should ask for it now? Seems almost cheeky asking for my bonus when not worked for 3 months. 

The bonus relates almost entirely for the period before the pandemic, and you could point that out when you politely enquire.

Thrugelmir

Were the finance team furloughed?  Delay could be in part due to calculation of the figures and secondly a current lack of cash to fund the payment. Not just you that hasn't been paid yet. 

Cthomas007

Thrugelmir said:

Were the finance team furloughed?  Delay could be in part due to calculation of the figures and secondly a current lack of cash to fund the payment. Not just you that hasn't been paid yet. 

They told us they have enough to pay us in April and the person who does the wages wasn't furloughed at all. I was the only one who hit bonus and funny enough the only staff member to still be on furlough. I get the feeling they want to get out of paying it.