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.
How long have you worked there for and what is the measure for absence?
and was this not the case before? Was it based on your own absence before the scheme was introduced again?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. A bonus is just a contractual incentive which can depend on the conditions imposed by the employer. There is basically no legal right to receive any bonus and if one is offered as an incentive, it can be on whatever terms the employer chooses. If they have made the qualifying terms such that it depends on team absences and you knew this was the case at the start of the qualifying period, then there would be little you can do legally to challenge them as these were clearly communicated conditions which you knew had to be satisfied for you to become eligible for the bonus. It would only be possible to potentially challenge them if you were not advised that team absences were going to be considered and you proceeded on the basis that it was your own personal absences only that would be relevant. However, knowledge from the outset that team absences were a determining factor would make this rather difficult to challenge as there are no real surprises that not meeting that criterion did not result in payment.
Does this answer your query?
How you approach it now will depend on how far into the qualification period you found this out - if it was halfway through for example, you could try and argue that there should be a pro-rata payment to cover that initial half, with the rest being subject to these rules