deduction of bonus due to not working overtime

[alandale]

I have received a bonus of £25 for the last 7-8 years which was a verbal agreement. The attendance bonus was received if employees had there work boots on and where ready for work 5 minutes before 8am.We would lose the bonus if we arrived after this time or was absent from work for any length of time during the working week.For the last 2-3 week i have not received my bonus although i have been arriving before 7.55am and not been absent during the working week.I asked why i had not received my bonus and was told it was due to not working overtime of 2.5 hours which i have done for for a considerable time.I would like to know if he is able to do this and if he is also able to impose the 5 minute rule which i believe to be some what outdated.

[teaboy2]

Re: deduction of bonus due to not working overtime

Did you always do the 2.5hrs overtime all previous weeks that you were given the bonus?

Problem here is its a verbal agreement, and only evidence you have that your entitled to the bonus is your pay slip, which would show any overtime you did when the bonus was paid. Supporting their argument that it was not just based on attendance but also based on working a minimum of 2.5 overtime hours per week.

Yes you could argue customary practice making the verbal agreement an implied term of your contract where by they would have to pay you it, regardless of the hours overtime worked or not worked (which i assume you have not worked 2.5hrs every week since the bonus started and were still paid it regardless). But bear in mind, you have no legal rights to said bonus, and it is therefore a discretionary gift, so forcing the issue will likely result in the employer withdrawing the bonus altogether!

[alandale]

Re: deduction of bonus due to not working overtime

My wage slip reads as follows.With bonus
description hours rate amount
basic 280.30 1.00 280.30
bonus 1.00 25.00 25.00
total hourly pay 305.30
total payments 305.30

Without bonus
description hours rate amount
basic 280.30 1.00 280.30
total hourly pay 280.30
total payments 280.30

The amounts indicated don't show an hourly rate overtime rate and are different to 99% of other employees.so i am unable to tell for what reason my bonus or any deductions have been taken out.

[teaboy2]

Re: deduction of bonus due to not working overtime

Ok so the payslip doesn't show either way, so its a case of your word against employers, which is the problem with verbal only agreements.

Do you know if anyone else in the past had had their bonus not paid to them for not doing any overtime?

And again, have you always done 2.5hrs over time every week where you had been paid the bonus?

--------------------------EDIT------------------------------------

Actually, if you have two payslips showing basic as the same amount, but one with and one without bonus. Then that's your proof, as clearly if you didn't do overtime the basic amounts would differ too!

[vanman]

Re: deduction of bonus due to not working overtime

My wage slip reads as follows.With bonus
description hours rate amount
basic 280.30 1.00 280.30
bonus 1.00 25.00 25.00
=
total hourly pay 305.30
total payments 305.30

Without bonus
description hours rate amount
basic 280.30 1.00 280.30
total hourly pay 280.30
total payments 280.30

The amounts indicated don't show an hourly rate overtime rate and are different to 99% of other employees.so i am unable to tell for what reason my bonus or any deductions have been taken out.

40 hours at £7ph+£280
also noticed there is no reference to the 2.5 hours over time

[teaboy2]

Re: deduction of bonus due to not working overtime

also noticed there is no reference to the 2.5 hours over time

Yes i noticed that on second look at OPs post, hence my EDIT to my last post.

The OP needs to have an informal chat with the employer, taking both payslips with them, pointing out to them that they have never had the bonus deducted before for not working 2.5hr over time as proven by the fact that both pay slips include the same basic rate of 280.30. Informing the employer that although the bonus was paid as part of a verbal agreement, the fact it had been paid regardless of overtime hours worked or not worked, the terms in which the bonus was paid over the last 7-8 years are an implied term of your written contract and therefore can not be unilaterally varied without prior consent from employees effected. To do so would amount to not only a breach of contract, by way of breach of implied term(s). But it would also mean the employer is in breach of section 13 of the employment rights act 1996 for unauthorised deduction or unauthorised withholding off contractual pay and/or bonus due to employee!

If the informal chat doesn't resolve the issue or if the OP is then victimised or harassed/bullied (i.e. verbally abused etc) for approaching the employer about the issue. Then its time to go down the formal route!

[alandale]

Re: deduction of bonus due to not working overtime

i appreciate the help and advice given i will try to sort it out with my employer.hopefully this will help sort out the problem