Not Paid a bonus ...before resigning

Dundhoone

Heres the situation.

Was offered a new job just before christmas. I took the christmas to think about it. My employer got wind that I had another offer, and so decided not to pay the usual amount of christmas bonus.

I have been working with the company for 8-9 years, and was never given a contract, and have always recieved the same amount in bonus every christmas. It is specifically stated in the letter which goes out each year that the bonus is a goodwill payment for the good work carried out during the year. My projects have been very profitable - no problems at all during the year.

I recieved a 5th of what I would usually get.

I have since handed in my notice, but before christmas, I had given no indication of leaving.

Do I have any grounds for complaint?? I was leaving on good terms, but I feel really shafted now.

Kinetic^

Bit tricky. Sounds like the recent case about the stockbroker that was rewarded 260k for unpaid bonuses.

Did everyone else get their normal bonus? This would be a key factor in progressing with anything. If you're the only one that didn't get a decent bonus and you can prove that your projects were possible....then you've possibly got a discrimination case on your hands.

Dundhoone

I checked with a few pals who would be at the same level as I am in the company, and they were all paid it.

I dont see how it would fall under discrimination , however, unless I could use a female counterpart as a comparision.

I think where I might have grounds is that after this length of time, and with a consistent payment of this every year, even though it isnt written into a contract I have a reasonable expectation of earning.

Kinetic^

The fact they gave it to the others and not you, means it's discrimination.

Afuera

You really need to talk to your manager to find out why you got paid a fifth of the bonus that you usually would have.

Dundhoone wrote:

I think where I might have grounds is that after this length of time, and with a consistent payment of this every year, even though it isnt written into a contract I have a reasonable expectation of earning.

I don't think you have anything to gain by following this line. Unless it's in the contract, it's at the discretion of the employer to give bonuses.

dats_right

Discrimination per se is not unlawful. People are free to discriminate as and how they wish provided that the discrimination is not based on one of the 9 discriminatory grounds contained in the Employment Equality Act and Equal Status Act. If the discrimination is based on something other than the 9 grounds, well then that form of discrimination is perfectly lawful.

Kinetic^

Talk to a solicitor. They'll know whether or not you've any leg to stand on.

bambam

Afuera wrote:

You really need to talk to your manager to find out why you got paid a fifth of the bonus that you usually would have.



I don't think you have anything to gain by following this line. Unless it's in the contract, it's at the discretion of the employer to give bonuses.

Not quite the case, if there is a precedent of receiving such items, then you should have a case with the labour relations commission.

If you are after professional advice, I'd highly recommend a guy called Ken Stafford. We brought him in after voluntary redundancies were announced. Very good guy who deals with companies, groups of employees and individuals.

PM me if you'd like his email address.

Dundhoone

Thanks Bambam.

I remember reading up on the situation with not having a written contract before - and the situation where terms and conditions experienced in teh job over a long period then become your implied terms.

I've scheduled a meeting with my employer early next week to see what the story is.

If it goes pearshaped, I might just send you that pm.

Mr. Presentable

The key word is "goodwill" which means it is at the employer's discretion. I doubt you have a claim, but don't let that stop you asking the question of him.

Dundhoone

To update,

Had a long phone conversation with the boss.
I put a positive spin on it, reminded him that I could bring in business for him in my new position (which is working in a related situation rather than working for a direct compeditor) and that my goodwill could be useful to him in the long run. Also reminded him of how much (hassle free) money I made for him during the year. He said he would sort it out in my final pay packet.
I'll wait and see, but on that basis , im once again happy chappy.

Thanks for the advice all.

Mr. Presentable

Result! Fair play to you.

nesf

Dundhoone wrote:

To update,

Had a long phone conversation with the boss.
I put a positive spin on it, reminded him that I could bring in business for him in my new position (which is working in a related situation rather than working for a direct compeditor) and that my goodwill could be useful to him in the long run. Also reminded him of how much (hassle free) money I made for him during the year. He said he would sort it out in my final pay packet.
I'll wait and see, but on that basis , im once again happy chappy.

Thanks for the advice all.

Nice work. It's good to see people trying to sort it out 'peacefully' before sending in solicitor's letters.

Oracle

It's wrong in the first place but I'm glad it's worked out; that's if you get your money. You shouldn't have needed to ask for a bonus that was earned and expected. Regarding a contract of employment, EU law now states that you have an implied contract whether it's written or not just by virtue of the fact you go to a place of employment daily and are rewarded regularly for same. It's no longer legal for employers to say she/he has no contract, and therefore treat you less favourably or act as if you've no employment rights. As far as I know, you must be treated the same as other employees at your level and with similar length of service, regardless of a written contract.
In relation to your employer getting wind of you looking for another job that is absolutely no reason for them to treat you any differently. I think it would be unlawful for them to withhold any bonus or extra payment that you've worked for because of that. You may be able to take a case for non-payment of wages to the Labour Relations Commission, under the Payment of Wages Act 1991, in the event you're not paid your bonus with your final salary.

nesf

Oracle wrote:

Regarding a contract of employment, EU law now states that you have an implied contract whether it's written or not just by virtue of the fact you go to a place of employment daily and are rewarded regularly for same.

As far as I know the regularly part is important. If it's a once off bonus to your former workmates that you weren't 'expecting' you aren't entitled to it. I could be wrong though.