Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Does your contract say anything about the payment of your bonus?
NB: Due to the late hour I am just about to go offline but will pick this up in the morning ,thanks
Hi there, thanks for your patience. May I just check why you resigned with immediate effect and did not serve your notice period?
Ok thanks. One issue here would be that you had resigned with immediate effect and without being prepared to serve your notice period, which would potentially place you in breach of contract. In that case the employer can say that you have waived your right to receive contractual benefits like the bonus, although you would still be entitled to get your possessions back and pay for any time worked up until you left.
It does not prevent you from putting some pressure on them to pursue them for the bonus though and you can even try your luck in making a claim against them - it is a free claim so the risks are relatively low. By that I mean that even if you made the claim and were unsuccessful all you would have lost is your time, you will not be responsible for any legal fees. I would always suggest that at least you try it as you cannot end up in a rose position you would have been in had they simply not paid you.
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you are expected to work as per your contracted hours, so if you are contracted to work full time but offered to work part time then do not have to agree to that
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Thank you. To take the matter further, the employer should be contacted in writing, and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.