Resigning, bonus not paid, pay review not given

[Throwaway85]

Hello
I would be really grateful to get some advice on my predicament. I have handed in my notice at my current job and I am due to start a new job in 3 months time.

After handing in my notice, I was told that because I had handed in my notice before my bonus was paid, I was not entitled to receive my bonus. The company have a policy that states that "if you resign before the bonus is paid, you will not be entitled to receive the bonus." It also states that the bonus is discretionary.

I was also due a pay review this month. I was told that because I have handed in my notice, I would not be getting a pay review.

I joined my current role 19 months ago. The role I applied to was a senior position. When I received the offer, I was told (on the phone) by the agent, that they were offering me a non senior position as there was a piece of software that I had no experience in using. I was told that once I had passed my probation period of 6 months, I would be promoted to a senior position and I would receive a payrise. The company offered to match my previous salary. As I was coming from a senior position and believed that I would be due a payrise after 6 months I agreed to this.

From about 3 months into starting at the company, I was introduced to clients as a senior.

Fast forward 6 months and Covid struck. At the time I was happy to be in a job so never mentioned the promotion. I knew the company had furloughed a few staff but money was still rolling on in. A few new projects were put on hold. Our pay reviews were also put on hold for 6 months.

I was still being introduced to clients as a senior.

The company then started picking up huge projects, the scale of which we have never done before. Business started (and still is) booming.

When business picked up again, I felt that it was within my rights to request my promotion that I had been promised. To my horror, I found out that a colleague who was leaving the company had been told exactly the same thing and was never promoted. I did some digging and found at least 2 others who had been told exactly the same thing. I brought this up in a meeting with a departmental manager and was told it would be fully investigated. This never happened. I was also told that this was not the company policy and i would have to wait until senior roles were advertised and apply to the roles.

I was not happy with this response and tried to pursue it with my line manager. Shortly after, the company began opening up applications for senior positions. I applied as I had been told. Part of the application process was to submit a technical test on which we were supposed to spend 2-4 hours. I completed the test in the allotted time and returned it within 24 hours as requested.

I was then given my pay review. The company collect feedback from those you work with and base your review on performance. They announced in a whole company meeting that people who met expected targets would get a 3% rise, and those who have been surpassing expectations would receive more.

My feedback was flawless. I was found to be exceeding expectations by far. However, they said they would only give me a 3% payrise because I was earning more than others in my bracket.

I accepted this as I was certain I would be offered the senior position. I did not get the role. My feedback from the test was that I should have spent more time completing it. That others had spent significantly longer (a whole weekend etc).

I was absolutely disgusted at this. I immediately brought all of this up with senior member of staff. The resolution that was presented to me was that I woild receive another pay review in March and that as soon as new senior positions opened up they urged me to re apply.

Overall, I was not happy with this response. It felt like a complete cop out. I began applying for new positions.

Early in march I was asked to complete a self review form for my pay review. I handed in my notice a few days later. I requested to cut down my notice period, this was denied. I was also told I would not receive my bonus (which the company say is based on the company performance over the previous year) and I would not get my pay review.

I will be working for the company whilst bonuses are being paid. I am also being expected to not mention to clients that I am leaving. I have also been asked to interim line manage new employees.

Overall I think this is massively unfair, I have lost all desire to stick around with this company, who love to say how friendly they are and how great they are to work for.

Could anybody tell me what my options are? Should my bonus be paid if I am working whilst they are paid? Should I be given my pay review? If I decided to take this to a tribunal, would this get anywhere? Can I let it slip to clients that I am leaving?

Is it worth getting a solicitor involved? We're not talking huge amounts of money at all, in the margin of £1500-2000, although It's a lot to me.

This is having a massively negative effect on my mental health, and I'm not sure how much longer I can put up with it. If I was signed off by the doctor, would this give me grounds to shorten my notice period or leave with no notice? If I was signed off would I be able to start a new job?

Any help or advice would be greatly appreciated.

Thanks

[ULA]

In regard to the bonus it is very clear that "if you resign before the bonus is paid, you will not be entitled to receive the bonus." My interpretation of that clasue is that you have resigned and it does not matter you are working your notice when the bonus is paid, the emphasis of the clause is the act of handing in your notice which was done before the bonus was paid out. Most employers I know have clauses such as this which means that bonuses are not paid to people who are on notice.

Did you get anything in writing when you joined confirming that you would get a pay rise if you passed your probationary period and also get a promotion?

The company may give you a pay review i.e. look at your salary but this is not a promise of getting a pay rise and I think, even given the history you have gone through, to expect the company to give you a pay review/rise when you have handed in your notice is unrealistic.

I am not sure on what grounds you would be able to make a claim to an employment tribunal.

I appreciate you do not feel you have been treated fairly by this employer and it may well be a good thing that you have found somewhere else to go to which hopefully will be a much more positive experience.

If you are signed off sick then this would be concurrent with your notice period. You would not be able to start your new job as you would still be employed by your current employer until the end of your notice period unless you can get their agreement to a shorted notice period becasue you are signed off sick. Not sure if they would agree to this, they do not have to.

[Throwaway85]

Thank you very much for your response. Unfortunately nothing at all was in writing. I was really shocked about the bonus as in all my years of working I've never once heard of this happeniNg. It's a really snide thing to do!

Thankfully like you mentioned, I'll be starting a really exciting new job soon so I'm just going to focus on that. I guess I'll just have to grit my teeth and bear it.

Thanks again for your advice.

[ULA]

Good luck and it will not be too long before you are in your new job