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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently employed in the UK and have been with my current

Resolved Question:

I am currently employed in the UK and have been with my current employer for 5 years. I am looking to leave and ant to hand in my notice asap but want to make sure I am still paid my bonus. This is due in April.
My contract says that bonus will be paid as long as I am gainfully employed with the company at the time the bonus is due to be paid.
So, my question is - am I gainfully employed during my notice period. If I hand I my notice now the bonus payment date is within the notice period.
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what criteria is the bonus based on?
Customer: replied 1 year ago.
The bonus is paid to all employees above a certain grade. It is linked to the company performance. I have been formally told the bonus amount I will receive.
Expert:  Ben Jones replied 1 year ago.
Thank you. There is no formal definition of what “gainfully employed” exactly means but it is understood to be a situation where the employee is consistently receiving work and payment from the employer. So it basically means whilst you are still employed by them and getting paid as normal. There is no reason why this would not include the notice period, because even though you are working towards the end of your employment with them, you are still working for them, doing the usual work you would do and getting paid for it as normal. As such it should be seen as gainful employment. If an employer wanted to prevent you from receiving a bonus whilst serving your notice period, this should have been specifically included in a contractual clause, actually referring to the notice period as a time when bonus is not payable. This is not the case here so you should be due the bonus regardless of whether you are during notice period or not. 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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