We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Is this bonus legally binding?

I received a letter from my employer earlier this year, stating that they were paying us a "Special Bonus" due to our efforts in the last year.
In this letter, we were given the guaranteed total amount to be paid and the dates that each payment would take place. All signed by the Owner/Boss.
Subsequently, no payment has been made, with the company now saying it cannot meet these payments.

Is this legally binding?

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture First Post Name Dropper Photogenic
    Possibly, depending on the exact wording and that of your wider contract, but it makes little difference if they don't have the funds.
  • Undervalued
    Undervalued Posts: 9,117 Forumite
    Part of the Furniture First Post Name Dropper
    rusters said:
    I received a letter from my employer earlier this year, stating that they were paying us a "Special Bonus" due to our efforts in the last year.
    In this letter, we were given the guaranteed total amount to be paid and the dates that each payment would take place. All signed by the Owner/Boss.
    Subsequently, no payment has been made, with the company now saying it cannot meet these payments.

    Is this legally binding?
    In what way was it "guaranteed"?

    As zx81 has said, it might possibly be legally binding although it has to be said that the vast majority of bonuses are discretionary and can be withdrawing right up until they are actually paid.

    Even if it was legally binding you would need to consider very carefully whether it was in your best overall interest to try and enforce payment against your employer's wishes.
  • The letter specifically stated that these were "guaranteed amounts", to be paid on certain dates.
  • rusters said:
    The letter specifically stated that these were "guaranteed amounts", to be paid on certain dates.
    That does not really mean anything in isolation, as has been said above it means even less when taken in the context of the company not being able to make the payments. 
  • TELLIT01
    TELLIT01 Posts: 16,937 Forumite
    Tenth Anniversary 10,000 Posts PPI Party Pooper Name Dropper
    Although the wording would seem to indicate that the payments will be made i.e. guaranteed, what would the OP and other staff plan to do if the company doesn't have the funds to make the payments?
  • 74jax
    74jax Posts: 7,930 Forumite
    First Post Name Dropper Second Anniversary
    If the company can not make these payments now, I'm guessing it's a rather small company?

    I would consider your future if the cash flow doesn't allow this. Íd start looking for a new job before they don't have the funds to pay salaries. 
    Forty and fabulous, well that's what my cards say....
  • custardy
    custardy Posts: 38,365 Forumite
    First Anniversary Photogenic First Post Name Dropper
    74jax said:
    If the company can not make these payments now, I'm guessing it's a rather small company?

    I would consider your future if the cash flow doesn't allow this. Íd start looking for a new job before they don't have the funds to pay salaries. 
    I dunno.I recall Royal Mail reneging on a phantom share deal with staff ,so not always small companies.
Meet your Ambassadors

Categories

  • All Categories
  • 345.8K Banking & Borrowing
  • 251K Reduce Debt & Boost Income
  • 450.9K Spending & Discounts
  • 237.8K Work, Benefits & Business
  • 612.7K Mortgages, Homes & Bills
  • 174.3K Life & Family
  • 251K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.