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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for a company who pays 1 week bonus after every 5

Customer Question

Hello,
I work for a company who pays 1 week bonus after every 5 years (so 10 years service means bonus of 2 weeks wages).
My 10 years will be up on 12.09.2016 and my payday is 29.09.2016. I would like to give them leaving notice on 12.08.2019 and finish working for them on 16.09.2016. I am expecting to get my bonus because I still will be working for them when my 10 years is up.
Am I entitled to my 2 weeks bonus?
Thank you in advance!
Katherine
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 7 months ago.

Is there any mention in the contract regarding the notice period and bonus?

Customer: replied 7 months ago.
Nothing in the contract or in handbook.
But they give it to everybody
Expert:  Ben Jones replied 7 months ago.

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.

Customer: replied 7 months ago.
No problem, thank you!
Expert:  Ben Jones replied 7 months ago.

You're welcome and many thanks.

Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

Hello, my response should be visible on this page. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi. I apologise for my late response. I will check my contract for termination clause. First clause you mentioned should not exist because there is nothing in writing about service bonus, its like a custom.
I will let you know if i need further advice.
Thank you very much!
Expert:  Ben Jones replied 7 months ago.

No problem at all and thanks for getting back to me

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