Yealy Bonus & Contract Transfer (TUPE)

[RV79]

Hi All

I am wondering if someone could possibly advise me on the following?

My company have decided to source my department out to an external contractor and are in the process of transferring our contracts over to them, now my predicurment is that under TUPE regs if choose not to work for this new employer and I could leave the company as of the 28th February 2014 but my 2013 bonus is not due be paid till the 31st of March 2014 I have emails from my current HR team confirming that it will still be paid in then even thought by that time my contract them would have been transferred over the new company so technically I would no longer be under there employment?

The question being that is if I leave on the 28th february 2014 under TUPE regs would my current employer still be obliged to pay me last years bonus?


Many thanks in adavance.

[leclerc]

Re: Yealy Bonus & Contract Transfer (TUPE)

Does the terms of the bonus specifically state that you have to be working for the company at the point the bonus is paid?
(apologies but worked for a bank and their rules was that it would be paid in March salary but you had to be working for the bank for it to be paid to you so need to ask the question).

[RV79]

Re: Yealy Bonus & Contract Transfer (TUPE)

Hi no my contract does not state anything about my having to be working for the company but given that they are transfering my contract technically i would not be working for them anymore? One thing that it does state is that it is discretionary and this is based on two things 1) my end of year report which is perfomance ased and 2) the companies profit for the year, all targets were met in 2013 so that was why that given the siruation I seeked to get it in writing that i would still be recieving the bonus even though I would not technically be employed by my current employer anymore.