Handing in Notice and Bonus payment

PierremontQuaker03

Hi, I thought I would create a different thread for this- I am potentially handing in my notice today, but am due to be paid a bonus in November.  I am going to ask for the policy from HR, but do you think they could take that away from me. Their is a lady who is retiring next year, she has told them last week, and there is no indication that she will not be paid her bonus. So I'm thinking it could be double standards if I am refused, but she gets hers.

flaneurs_lobster

You say "due to be paid in November". Has this been notified (in writing). Do you know the amount?

Is the bonus guaranteed, as in, written into your contract that you will receive x amount if y happens?

Anything in your contract of employment about withholding or disallowing bonus if you have given notice? 

Don't hand in your notice today, you need to find out facts about the status of the bonus first.

Forget the retiree, they may not have the same terms in their contract.

MyRealNameToo

PierremontQuaker03 said:

Hi, I thought I would create a different thread for this- I am potentially handing in my notice today, but am due to be paid a bonus in November.  I am going to ask for the policy from HR, but do you think they could take that away from me. There is a lady who is retiring next year, she has told them last week, and there is no indication that she will not be paid her bonus. So I'm thinking it could be double standards if I am refused, but she gets hers.

Is your bonus discretionary? 

If it is you will most likely not receive it if you are working your notice etc. The joys of discretionary bonuses is they can use all sorts of reasons as to apply their discretion and as long as its not because of your skin colour, religion and other protected characteristics its all perfectly legal. 

PierremontQuaker03

MyRealNameToo said:

PierremontQuaker03 said:

Hi, I thought I would create a different thread for this- I am potentially handing in my notice today, but am due to be paid a bonus in November.  I am going to ask for the policy from HR, but do you think they could take that away from me. There is a lady who is retiring next year, she has told them last week, and there is no indication that she will not be paid her bonus. So I'm thinking it could be double standards if I am refused, but she gets hers.

Is your bonus discretionary? 

If it is you will most likely not receive it if you are working your notice etc. The joys of discretionary bonuses is they can use all sorts of reasons as to apply their discretion and as long as its not because of your skin colour, religion and other protected characteristics its all perfectly legal. 

Its called a Value Chain Bonus, I've just googled it and yes its classed as discretionary - however "If a bonus has been paid regularly and predictably, an employee may argue they have a contractual right to it, even if it's labeled as discretionary" - I have been paid it for at least the last 5 years.  I'm expecting my manager to challenge me getting paid it, but I want to understand the policy first. If she does challenge it then (a) I will go to her manager to explain and (b) I will be less incentivised for the handover if you know what I mean  

flaneurs_lobster

PierremontQuaker03 said:

MyRealNameToo said:

PierremontQuaker03 said:

Hi, I thought I would create a different thread for this- I am potentially handing in my notice today, but am due to be paid a bonus in November.  I am going to ask for the policy from HR, but do you think they could take that away from me. There is a lady who is retiring next year, she has told them last week, and there is no indication that she will not be paid her bonus. So I'm thinking it could be double standards if I am refused, but she gets hers.

Is your bonus discretionary? 

If it is you will most likely not receive it if you are working your notice etc. The joys of discretionary bonuses is they can use all sorts of reasons as to apply their discretion and as long as its not because of your skin colour, religion and other protected characteristics its all perfectly legal. 

Its called a Value Chain Bonus, I've just googled it and yes its classed as discretionary - however "If a bonus has been paid regularly and predictably, an employee may argue they have a contractual right to it, even if it's labeled as discretionary" - I have been paid it for at least the last 5 years.  I'm expecting my manager to challenge me getting paid it, but I want to understand the policy first. If she does challenge it then (a) I will go to her manager to explain and (b) I will be less incentivised for the handover if you know what I mean  

Doesn't matter if it's called a "Value Chain Bonus" or a "Performance Bonus" or a "Christmas Bung", if it's discretionary then that's what it is. 

Personally I'd be delaying any giving of notice until that cash was in my account, but no-one here can know your exact circumstances and can't know if this is practical or desirable.

In no way do I wish to denigrate your sense of worth to the company but you might find that your implied warning that your handover to any successor might not go as smoothly as it could (wink, wink) could backfire - I've seen people bin-bagged out of offices for similar - it's a threat and many managers don't like being threatened.

Grumpy_chap

It is quite common that bonuses are not paid to people who handed in their notice.

If you delay handing in your 3 month notice, will that affect the next job?  Value of the future may be greater than value of the bonus.

TELLIT01

You will have to read your contract, or ask HR.  It is very common for bonus payments not to be made to those who have handed in their notice, or who will not still be employed by the company on the date the actual payment will be made.  That is a totally different scenario to a person reaching retirement age.

I'm starting to get the impression that the OP is looking to pick a fight with the current employer.  That will certainly not help their request to reduce the notice period.  Two can play the game the OP is seemingly trying to play i.e. cause a fuss and they will be glad to be rid of them.

Wonka_2

So based on your previous post you want to reduce your notice period and ensure you get your (discretionery) bonus - all whilst not getting on with your boss and approaching Year End in a finance role. 

I’m struggling to see what power you have/what you can offer to get what you’re looking for. 

If you don’t get either of these can you still afford to move to the newly offered role ? 

Grumpy_chap

TELLIT01 said:

I'm starting to get the impression that the OP is looking to pick a fight with the current employer.  

Or, maybe the OP is looking for reasons to procrastinate and allow the new job to slip away so they can remain in their comfort zone at the current job, and enjoy moaning about it.

pinkshoes

PierremontQuaker03 said:

Hi, I thought I would create a different thread for this- I am potentially handing in my notice today, but am due to be paid a bonus in November.  I am going to ask for the policy from HR, but do you think they could take that away from me. Their is a lady who is retiring next year, she has told them last week, and there is no indication that she will not be paid her bonus. So I'm thinking it could be double standards if I am refused, but she gets hers.

Yes they can not issue the bonus. They can't take it away if they have put it in writing that you will be receiving it though.

I had exactly the same issue many years ago, so checked the wording carefully. Once they had sent the letter confirming the bonus that I would get that year, I THEN handed my notice in. If I handed in my notice before written confirmation of the bonus I wouldn't have received it. As it made up 10% of my salary it was worth delaying my notice!

PierremontQuaker03

I appreciate all the comments - I am in a position where I want my cake and I want to eat it - but basically the bonus is relevant to the year I was working, so I do feel entitled to it, and I have worked hard for it - I do have a few options - I could wait for a month - hand it in then and hope that I can get an early release - or I could bite the bullet, do it now and hope for the best.  If I do wait then I will jeopardise my new role - which I don't want to do - it is a difficult one, which is why I want peoples perspectives on it. It does not change the fact that my boss is an !!!!!! - and no matter what I do she will probably try and screw me over!