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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52668
Experience:  Qualified Employment Solicitor
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I was given 3 months redundancy notice on 29th Sept 2017,

Customer Question

Hi, I was given 3 months redundancy notice on 29th Sept 2017, one day before going on 2 weeks annual leave. I was shocked and devastated and neglected to ask for the criteria list and scoring matrix which made their decision. I was offered the opportunity to review this to enable me to contest it. In addition during my 3 months notice I was asked to upload all my email correspondence to sharepoint for management to review the status of any outstanding or updates on any work which I provided during my 3 months notice. i was given a redundancy letter which confirmed I would be paid any accrued 2017 bonus in April 2018 in addition to that I was also advised I would receive 1 months redundancy pay and a bonus for the work done from 1st to 5th Jan 2018 which was the last week of my notice period. I was paid the redundancy notice fee plus the weeks bonus on the 22nd Jan 2018. My payslip arrived in the post along with my P45 so I telephoned HR to ask why they had provided my P45 when I am expecting to receive my bonus in April 2018. They replied stating my bonus would be paid in April 2018 and Inland Revenue would be notified of the additional payment and would make any adjustments during the tax year of 2018-19. I have been found out that bonus letters had been submitted to existing employees however i did not receive my letter, so emailed HR. They confirmed they had not received any instruction from my manager to pay my bonus and until such they would not pay. I have emailed him twice chasing my bonus notification without success. What can I do about it?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Bradford, West Yorkshire, England
Assistant: Has anything been filed or reported?
Customer: Only emails I have plus I have my redundancy letter and i downloaded my salary benefits package for 2017 prior to leaving
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I would like to know whether or not I had a right to see the criteria and scoring to enable me to contest any decision they made rather than just accepting it. I also advised during my consultation that I was being bullyed
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

Can I just check, how long have you worked for this employer please?

Customer: replied 7 months ago.
12 months started 1st Nov 2016 - 29th Sept 2017 and the 3 months notice period gave me 15 months
Customer: replied 7 months ago.
no i cannot afford another amount
Customer: replied 7 months ago.
hello
Expert:  Ben Jones replied 7 months ago.

OK no problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. This does mean that the employer could have followed an unfair redundancy process and selected you for whatever reasons they wanted, even if it did not appear fair in general.

Whilst there is nothing stopping you from asking to see the criteria, you will not be able to challenge the dismissal as you do not meet the qualifying criteria for doing so.

If you wanted to chase them for the bonus then that is not dependent on any of the above and you can take it further to make a claim for the amount you are due.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were going to take things further and pursue the bonus. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. 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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 7 months ago.
Hi Ben
I know about the employment laws and knew I would not be able to pursue a claim for unfair dismissal. My actual query relates to my bonus. My redundancy letter states any accrued bonus for 2017 will be paid in April 2018 yet when I contact HR to confirm when my bonus would be paid, they stated they have not received any instruction from my old manager to pay any bonus and until such, they will not pay anything. However in my redundancy letter it states my final salary for January 2018 will include one months redundancy pay and 5 days bonus payment covering 1st - 5th Jan 2018 (the last working week of my notice) and any accrued bonus for Jan to Dec 2017 would be paid in April 2018.It seems as my manager has not given HR any instruction to pay my accrued bonus for 2017 therefore they are not paying it.in my opinion I worked a full year in 2017 therefore my bonus is due and the fact they paid a bonus for the work I did in the first week of Jan 2018 tells me I should also be paid for the accrued bonus of 2017.
Expert:  Ben Jones replied 7 months ago.

Hi there, you can indeed pursue them for the bonus. Just because the manager has not informed them does not mean they are not liable to pay it.

As mentioned, please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were going to take things further and pursue the bonus. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you