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Reclaiming bonus after Leaving vs Termination.

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  • Reclaiming bonus after Leaving vs Termination.

    Hello.
    My employment recently came to an end due to concerns.

    I have been in the company for 8 months.



    After three months the company pays a Golden Handshake bonus for passing probation.
    The company forgot to pay me this due to admin oversite.

    The contract states that :
    £xxxx Golden Handshake on Passing of Probation paid Gross
    o Reclaimed if you leave within 6 months of passing probation

    Now, I did not leave the company I was terminated, so does the company have the right to deduct this bonus from my final paycheck?
    I have not "left" the company or quit but was fired.
    What is the legal position?

    Does the company think they can claw back my bonus after firing me? - is that correct?
    Tags: None

  • #2
    Leaving a company can either be volunatary i.e you resign or involuntary i.e. you are dismissed. Either way you have left the employment of that company and if that is within 6 months of passing your probation period and your contract clearly states it can be reclaimed then yes they can reclaim it.

    However I am slightly confused as you say the "...company forgot to pay me this due to admin oversite." which means if it was never paid to you then there is nothing to claw back.
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