Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Is there any mention in the contract regarding the notice period and bonus?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
You're welcome and many thanks.
Thanks for your patience. In the circumstances, it appears that the bonus is paid if you have the required service at the time the bonus is due, which would be satisfied in your case. If the employer did not want to make you eligible for the bonus in some circumstances, then they should have included a specific clause to that effect. For example, some clauses can state that the bonus will not be payable if the employee is under notice at the time it becomes due. There appears to be no clause to that effect here so they cannot reasonably rely on this excuse not to pay you. the only other thing to watch out for is if your contract says they can terminate your employment by paying you in lieu of notice. This would allow them to terminate your employment immediately by paying you the equivalent of your notice pay. In that case they could terminate you before the bonus due date and as you would no longer be employed by them at that time, they would not have to pay you the bonus. So check to ensure that this clause does not exist.
This is your basic legal position. I have more detailed advice for you in terms of the options you would have to take this further if they fail to pay you when you were due the bonus, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
No problem at all and thanks for getting back to me