Withdrawal of non contractual bonus payment after handing in notice

[Lhasa Ap So annoyed]

Hi all
I'm in need of a little advice :

After almost 30 years of continuous service I handed in my notice last week.
When I returned home that night I had a letter from my employer informing me that I was to be paid a discretionary non contract bonus payment for hard work & commitment over the previous year which contributed to the business achieving its financial targets.
I have since been informed that this payment is now withdrawn and to quote -

Where bonuses are paid by the business, this is ordinarily in the March following the end of the previous financial year. If a colleague resigns in the period between the start of the New Year and the actual payment date at the end of March, then the company withdraws this non contractual benefit and payment is not made. Unfortunately there are no exceptions to this from a corporate perspective and this has been the approach taken for many years

The above extract is from a reply to my first appeal offering my employer the opportunity to do the right thing.

Is this worth pursuing further ? or iy my employer within their rights to do this considering the payment is for services provided last year and not in anticipation of future services

Any advice would be much appreciated

Thanks

[leclerc]

Re: Withdrawal of non contractual bonus payment after handing in notice

Why not rescind your resignation and then once paid hand it in again?

I worked in financial services so I'm afraid if that is their rules then that is their rules and as they are non contractual then there's nothing you can do about it.

[Lhasa Ap So annoyed]

Re: Withdrawal of non contractual bonus payment after handing in notice

Thanks leclerc - too late to rescind resignation and new employer might not wait another month for me to join them
Thought I might not have a case - thanks for the advice though - much appreciated

[Lhasa Ap So annoyed]

Re: Withdrawal of non contractual bonus payment after handing in notice

Hello again

Ok then, here's another scenario which I would appreciate advice on

To the best of my knowledge I am working to my old contract which is circa 25 years old.

The company who wrote this contact were bought / taken over by my current employer around 20 years ago

I currently still benefit from four things in this contract (private medical insurance etc) which do not exist for others joining the company since we were taken over, so in short my current employer has honoured my existing contract. I have never seen or signed any other contract.

Within this old contract - my only contract - is a section on profit related pay which is is payable should the business achieve financial targets. This is the only part of this contract which has not been honoured

It would be very satisfying to forward this section of my contract to my employer and say ok then - you won't pay my bonus (from original post) because it is non contractual but what about this contractual profit related pay scheme ?!?

Any thoughts / advice again, greatly appreciated

[leclerc]

Re: Withdrawal of non contractual bonus payment after handing in notice

Hello again

Ok then, here's another scenario which I would appreciate advice on

To the best of my knowledge I am working to my old contract which is circa 25 years old.

The company who wrote this contact were bought / taken over by my current employer around 20 years ago

I currently still benefit from four things in this contract (private medical insurance etc) which do not exist for others joining the company since we were taken over, so in short my current employer has honoured my existing contract. I have never seen or signed any other contract.

Within this old contract - my only contract - is a section on profit related pay which is is payable should the business achieve financial targets. This is the only part of this contract which has not been honoured

It would be very satisfying to forward this section of my contract to my employer and say ok then - you won't pay my bonus (from original post) because it is non contractual but what about this contractual profit related pay scheme ?!?

Any thoughts / advice again, greatly appreciated

If it's a bank did they actually make any profit as most did not. Does profit related pay still exist in existing contracts?
Can you clarify if the wording say whether it is at the discretion of the bank/financial institution?

[Lhasa Ap So annoyed]

Re: Withdrawal of non contractual bonus payment after handing in notice

Hi Leclerc

It's a large engineering business

Financial targets are set each year and if we achieve these targets then, generally, and in recent years a non contractual discretionary bonus has been paid

Not sure if profit related pay does exist or indeed if my contract is current / valid but what I am wondering is that if every benefit in this contract has been honoured when we were taken over by my current employer except for the profit sharing scheme (apologies - I wrote profit related pay earlier but now I have the contract in front of me and it is described as a profit sharing scheme) do I have any rights to pursue this as it's the only part of my contract which has not been honoured ?

thanks again

[leclerc]

Re: Withdrawal of non contractual bonus payment after handing in notice

Here's the other thing, was it stated when it would be paid?

[Lhasa Ap So annoyed]

Re: Withdrawal of non contractual bonus payment after handing in notice

Yes - it says `payment will be in the normal March 2017 payroll'
This will be my last day with the company as it turns out so I will still be an employee on the date of payment