Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Is the bonus guaranteed through your contract?
I have no contract of employment this is my 9th year with them
has this bonus always been paid?
what you refused to do - was that something you could have done under your usual working arrangement?
I had already done ten and half hours starting at 04 00 hrs
what hours are you usually expected to do
no hours expected as long as we do two jobs a day which I did
it appears that I am getting no where with you so I will take it on my own back and take to small claims court and this was a waste of money
I have not even provided any advice yet?
well you have had all my details
yes but I am still asking you relevant questions which I need before I can repsond fully
but if you don't want to continue then that is fine
what else do you need
is the bonus stopped permanently?
no only that week as it is a weekly bonus to build our wage up
and how much have you lost - just the £45 for the week?
yes only bonus money and bonus from last year wage paid for that week 45hrs at £7.50 per hr and 11hrs at 10.50 overtime rate
so the total you wish to claim is?
ok let me get my response ready
ok have I got a case
Ok the bonus should not have been withdrawn like that because it is likely to have become a contractually binding benefit, having been paid for so long, and you also did not do anything wrong as you had worked the hours expected of you and reasonably refused to work additional hours which you were not contractually required to work.
Whilst the small claims court is an option, do not just rush into it. Court is a last resort and you should try and resolve this directly with the employer first. You should raise a formal complaint with them, such as through the grievance procedure, then informing them you will take legal action if this is not resolved. Only if you do not succeed that way should you decide to go to court, especially as you will have legal costs to pay, like a claim fee and hearing fee, all these will be around £50 at least.
But if necessary you can take this to them as they can consider your claim.
have they the right to stop my bonus ,I am not the only driver they do this
as mentioned above, no
thanks also we are told that they opted out of the 48 hr direrective we have not seen any forms
you have the legal right to opt back in at any point and cannot be forced to remain opted out or to be treated detrimentally as a result
has this clarified your position?
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Thanks, XXXXX XXXXX best
thanks for your help no more information required at present time