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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed by my current employer for 7 years and

Resolved Question:

I have been employed by my current employer for 7 years and I want to hand in my notice , which is 4 weeks. However I would like to finish in 2 due to some personal reasons and also I have a possible opportunity coming up,
But I am worried that if I do not work my full 4 weeks my current employer could refuse to pay my bonus that I have qualified for this month.
We have a bonus scheme which all managers get as part of there contract, when you complete the calendar month which I would, and have done budget which I will ,you get a percentage pay out.
So for example I would like to hand my notice in this Monday , work 2 weeks to the end of November. My November pay and bonus would be paid end of December.
Can they do this if I don't give my full 4 weeks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Strictly speaking of you do not give the required notice period you would be in breach of contract. It is therefore best to try and negotiate an early release with the employer where they allow you to do this and you also agree on the payment of the bonus. There should be no issue with the payment of the salary but the bonus could be a concern. Saying that if the bonus was earned due to performance and you have met the relevant targets or performance during the time you actually worked for them (ie before you left them early) you should still be paid for that. There is nothing stopping the employer from withholding it though and if that happens you would have to consider whether to pursue them for breach of contract yourself and whilst you can do this, the employer could make a counter claim against you for breach of contract at the same time but they can only claim for actual losses that they have incurred as a result of your breach. So if they have not incurred such losses then there is nothing they can counter claim for and the worst potential outcome is that you walk away without the bonus.
Customer: replied 2 years ago.
Hi Ben, if I worked until the end of the month and then i was signed off my work for 4 weeks but handed in my notice with that 4 weeks, would I then be within my rights to receive my bonus .
This is not something I would normally want to do but I was off a few months ago with work related stress and I feel that's one of the reasons I want to leave.
Expert:  Ben Jones replied 2 years ago.
That is an option. If you are signed off sick then you remain an employee and would not be in breach of contract. But you should also check your contract wording to see if there is anything that could affect your entitlement to the bonus in these circumstances. After all the bonus is a contractual entitlement so it would depend on the wording of the contract. But if you are genuinely signed off and no clauses to restrict your entitlement in such a situation then you should still be paid.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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