Employer refusing to pay "Bonus"
Wanted to run this by others before I file a court claim.
My wife worked at a local Care Home from 4th October to the 31st March 2022 (her last shift finished at 8am on 1st April 2022 as it was a night shift).
During this period she received a letter from her employer stating a fund issued by the Government for health care staff would be passed to all Employees as a "Bonus".
The only criteria to be eligible to receive the payment is:
"the bonus will only be payable to those Colleagues who have remained in continuous employment with xxxxx since 21 October 2021 through until the end of March 2022"
"This payment will only be paid to Colleagues who are still employed with xxxxx at the end of March 2022"
Both extracts from the letter received, no other criteria is set within the Letter.
Her ex-Employer is now stating she is not eligible.
When questioned, they initial reply was:
"You were no longer an employee from the second your last shift ended. You did not meet the criteria."
She refuted this and stated her last employed date would be 31st March 2022 as per the Notice she gave (meeting Contract expectations).
We then remembered she worked the 31st March, night shift finishing at 8am on 1st April, so this then fulfils they incorrect criteria.
But again, they have stated this:
"It has been confirmed that your last working day was 31st March 2022.
You have been found not eligible for this payment."
She has responded making it clear she worked till 8am on 1st April 2022 and they must explain how she is not eligible, no response thus far.
We are now considering taking this through a small claims court, the bonus is not alot, but when you paid the minimum wage to work 12 hour night shifts to look at the most vulnerable members of our society, the principle of not paying the bonus is quite shameful.
The real question is, does the Employer have a legal responsbility to pay the bonus as promised in the letter.
Are they able to pull the rug and just say, its up to us, and on this occasion we not paying.
To add, Company does not have an existing bonus policy, and the Employment Contact has no mention to a bonus.
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