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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47368
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hello I am an hgv driver for a container hire company in SHEFFIELD,

Customer Question

hello I am an hgv driver for a container hire company in SHEFFIELD, we are paid £7.50 per hour plus £1.00 on top of our wage as a attendance bonus. which gives us an extra £45 .00 if we do 45 hrs My company stopped this bonus because I would not go back out at 14 3o hrs on Thursday week ago ,I had already done 45 30 hrs and that week 56hours can they stop my money ,this is the second time they have done this. Can I claim this back through small claims.other drivers have the same problem,we are not in a union thanks bry n holmes
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Is the bonus guaranteed through your contract?

Customer:

I have no contract of employment this is my 9th year with them

Ben Jones :

has this bonus always been paid?

Customer:

yes

Ben Jones :

what you refused to do - was that something you could have done under your usual working arrangement?

Customer:

I had already done ten and half hours starting at 04 00 hrs

Ben Jones :

what hours are you usually expected to do

Customer:

no hours expected as long as we do two jobs a day which I did

Customer:

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

Ben Jones :

?

Ben Jones :

I have not even provided any advice yet?

Customer:

well you have had all my details

Ben Jones :

yes but I am still asking you relevant questions which I need before I can repsond fully

Ben Jones :

but if you don't want to continue then that is fine

Customer:

what else do you need

Ben Jones :

is the bonus stopped permanently?

Customer:

no only that week as it is a weekly bonus to build our wage up

Ben Jones :

and how much have you lost - just the £45 for the week?

Customer:

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

Ben Jones :

so the total you wish to claim is?

Customer:

£90.00

Ben Jones :

ok let me get my response ready

Customer:

ok have I got a case

Ben Jones :

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.

Customer:

have they the right to stop my bonus ,I am not the only driver they do this

Ben Jones :

as mentioned above, no

Customer:

thanks also we are told that they opted out of the 48 hr direrective we have not seen any forms

Ben Jones :

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

Ben Jones :

has this clarified your position?

Ben Jones :

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

Customer:

excellent service

Ben Jones :

Thanks, XXXXX XXXXX best

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks for your help no more information required at present time

Expert:  Ben Jones replied 3 years ago.
Thanks, all the best

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