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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47425
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I wonder if you can help me, I receive a bonus but

Resolved Question:

Hi there, I wonder if you can help me, I receive a bonus but have a clause in my contract as follows : You must be an active. permanent employee of ?? at the time of the bonus distribution (end March in order to receive your bonus. If your employment is terminated for any reason prior to this date you will not be entitled to any payments under the bonus plan. If I have handed in my notice but my notice period ends on the last day of March an I still entitle to my bonus?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello so just to check the payment date is at the end of March and your last day of employment is also at the end of March?
Customer: replied 1 year ago.
I want to hand in my notice at the end of January and I need to give 9 weeks notice so I will be within my notice period at the end of March, so yes
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Looking at the wording of the clause you should still be entitled to receive the bonus if you proceed as planned. It states that you must be an active employee at the time your bonus becomes payable. This means that you should still be employed by the company. It does not specifically state that you cannot be under notice of termination. So the fact you are serving your notice period should not affect this as the only requirement is that you are still employed by them. Therefore, as long as you ensure that on the payment date you are still employed by them, even if your employment would terminate soon after, you should still receive the bonus as per the terms.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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