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Nicola-mod
Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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Revoked bonus payment following resignation

Customer Question

My daughter has just resigned from her present position, giving effective notice of 4weeks plus 3 days, last working day 10th January! She had received her salary advice for this month PRIOR to the resignation letter being submitted - the advice reflected a bonus being included. Following the submission of her resignation, she was advised that the bonus was being revoked.

She then replied her superiors via email, including the following paragraph which is taken verbatim from the employment policy document she had been handed with a copy of her employment contract when she signed on : "
2.9.1 “ Upon resignation the employee is entitled to any leave pay outstanding as well as the pro rata portion of a guaranteed bonus. The employee is not entitled to any payment in respect of a discretionary bonus unless the employee is in the employ of the organization in the month in which the discretionary bonus became due or became payable”

Her superior/s have now indicated that this policy was changed in July 2013 by now issuing her with a 'new' policy document that reflects different wording. However, she is a HR administrator at the company and has never seen this new document before either for herself or for the benefit of other members of staff ; she also has documentary proof that the wording on the documents was only changed at approximately 6:50am this morning.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is Jenny and I am happy to help you today. They are not entiteld to unilateral vary the terms of the bonus. Your daughter should write to them including the evidence you mention of the recent change and state that if she is not paid she will have no alternative but to raise a claim on the basis that the failure to pay the bonus amounts to an unlawful deduction from salary.
taratill : She can raise a claim form at www.employmenttribunals.gov.uk
taratill : I hope that this answers your question. If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola