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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70311
Experience:  Qualified Employment Solicitor
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I’m in the process of being made redundant but back in March

Customer Question

Hi, I’m in the process of being made redundant but back in March received a letter saying I’d be given £1000 in recognition of 21 years service. Due to my redundancy I’ll be under a month off of reaching my 21 years. Should I still receive this bonus?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Yes, with HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m an employee. No, I don’t belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 10 days ago.
Category: Employment Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

Can I just check, what is your contractual notice period please?

Customer: replied 10 days ago.
3 months, I am being paid in lieu of notice.
Expert:  Ben Jones replied 10 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now and 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.

Expert:  Ben Jones replied 9 days ago.

Many thanks for your patience. Just because the letter was sent out does not mean that it is now unconditionally binding and they have to honour it. They would still be able to argue that if, for some reason, you do not meet the eligibility criteria for it (i.e. not actually having 21 years service), you will not be due that payment. The key is whether they have properly terminated your employment before the anniversary. The main question is the notice period and whether payment in lieu of notice is allowed. For that you need to check your contract and see if it allows the employer to make a payment in lieu of notice to terminate your employment. If there is a clause like that, all will be above board and they can do it, whereas if no such clause exists they will be acting in breach of contract and without that breach you would have been due the bonus, meaning you can still expect it under these circumstances.

Hopefully this explains your position

Customer: replied 9 days ago.
That’s so helpful, thank you.
Can I pick up with you again once I’ve checked please?
Expert:  Ben Jones replied 9 days ago.

Yes of course, I’d be delighted to assist further if needed.