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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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, It seems that my company have paid me a short fall in

Resolved Question:

Hi,
It seems that my company have paid me a short fall in my bonus.
i have 3 questins please.
1, should i skip the grievance procedure as my manager has already tried the soft approach with no luck?
2, My sales counter part (for the north) left half way through the year shouldnt i get his half of the bonus too, as i made our joint target?
3, Because i have made target (for both north/ south) on my own, shouldnt my company HAVE TO PAY my bonus?
Please can you help before it all blows up at work!!
Kind Regards
Taimour Osman
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are details of the bonus scheme set out in your contract of employment?

Customer:

Hi yes, i have a copy , & cany see anything that says they can hold it?

taratill :

Ok have you asked why it has not been paid in full?

taratill :

Hi has the employer said why it has not been paid in full in accordance with your contract?

Customer:

I have gone through my line manager & we cant seem to understand their logic. For eg, they say due to the other sales guy leaving my target should have been doubled????? Why. We both have a joint target (like in a pot) so we roughtly have £300k each, if we dont BOTH hit the £600 total target we dont get the bonus, he left around half way through the year & i still managed to hit both targets?

Customer:

I do have a copy of the insentive scheme

taratill :

how long have you worked there for?

Customer:

5 years in Jan

taratill :

Ok it would be useful to see a copy of the scheme. How much money are you owed?

Customer:

First year they did this, but it has been know to other people in the company

Customer:

they paid me around £2.5k, should have been another £3k. & even more if i was paid his bonus for doing his work.

Customer:

Can i send you the copy , its not a massive read.

taratill :

Yes please

Customer:

ok will try & thanks

Customer:

did that work?

taratill :

Ok but that does not tell me anything about your individual targets etc.

taratill :

The fact that they are telling you that your target has doubled because your colleague left is a ridiculous suggestion.

Customer:

oh right, hold on 1 sec

taratill :

The policy states that the targets are individual and if your individual target was met then you should have been paid.

taratill :

You do not have the right to your colleague's bonus unless this was speifically agreed.

taratill :

I understand that you do not want to raise a grievance but this is the best way to deal with this.

Customer:

ok thats, i can live with that side

taratill :

If after raising a grievance they still refuse to pay then you can engage ACAS early conciliation and raise a claim for unlawful deduction from wages and breach of contract.

taratill :

This is assuming you met the target as set out in the letter you have just posted.

Customer:

I have im trying to send you the accounts total for my sales

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

taratill :

I don't need to see the figures. If you can demonstrate you have met the target to them then they should pay.

Customer:

only trouble is i like the team im with & this could cause problems for my emplyment right?

taratill :

It shouldn't if you are dismissed for trying to assert your right it would amount to unfair dismissal.

Customer:

ok cool, so its all the way or out with companies like this right?

taratill :

Im not sure I understand what you mean?

Customer:

ok they could just be difficult with me right?

Customer:

Give me a massively high target next year?

Customer:

I guess what im asking is am i gonna win this, or is it gonna create problems for me at work?

taratill :

if they are in breach of contract then you will win. You should not be afraid to assert your rights but you know your employer better than I do.

taratill :

All the best whatever you do decide to do.

Customer:

Thanks

taratill :

If you have any further quesitons please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

taratill :

Hello do you have any further questions?

Customer:

Sorry no thats all thanks again

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