Forum | Any Employment Law experts out there??? by Lblock

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Any Employment Law experts out there??? 17:02 - Nov 24 with 2804 views

I have a notice period of three months in my contract

I am being paid a bonus end of December

May need to leave my current Employer soon after however my T's & C's currently say:-

The Company may defer payment of the bonus for any reason at any time, but for the avoidance of doubt you shall have no right to the bonus in the event that:
notice has been given by either party to terminate this agreement;
your employment terminates prior to March 2018

So my question is.... once I get the bonus and return to work in January IF I handed in my 3 months notice meanng I left around 4 April do I sit outside of the claw back as my Employment doesn't terminatre until after the end of March OR am I terminating my Employment on delivery of Notice and therefore giving them grounds to claw back????????

Cherish and enjoy life.... this ain't no dress rehearsal

Any Employment Law experts out there??? on 17:16 - Nov 24 with 2774 views

BazzaInTheLoft

Join a Union LBlock.

If I was your rep I'd argue that any bonus was for work done in 2017. If they take money money back before you leave i'd argue for precedent.

There is no mention of clawback from what you have written so I think you can spend your money on a holiday or another donation to the Labour party : )

Any Employment Law experts out there??? on 17:20 - Nov 24 with 2765 views

Lblock

I'm in the Grand Union Arms now and then but that's it....

I actually tried to totally re-write the clause when they put the T's & C's to me but they weren't having any of it -- my first thought was "defer payment at anytime"... how's about fark that!

We'll see - I may not even leave but there's a fair chance.

Damn this capitalist world of ours.
I wish I'd gone to live on that kibbutz years ago.........

Cherish and enjoy life.... this ain't no dress rehearsal

Any Employment Law experts out there??? on 17:31 - Nov 24 with 2735 views

BazzaInTheLoft

Any Employment Law experts out there??? on 17:20 - Nov 24 by Lblock

Seriously though if thats the extent of their T&Cs covering bonuses then they won't be able to get it back once paid. And if they do go to a solicitors.

Any Employment Law experts out there??? on 17:36 - Nov 24 with 2729 views

HollowayHoop

Unfortunately for me, I am a solicitor.

Termination in employment means the last day of your employment.

I dont see any problem with what you're planning to do.

So long as you dont hand in your notice until after you've received the bonus, and when you do hand in your notice you make it clear that your employment will not terminate until after March 2018, you should be fine.

Right, that'll be £750 plus VAT, please :)

Any Employment Law experts out there??? on 18:01 - Nov 24 with 2689 views

Boston

Check your PM's.

Poll:

Thank God The Seaons Over.

Any Employment Law experts out there??? (n/t) on 19:19 - Nov 24 with 2605 views

danehoop

Any Employment Law experts out there??? on 18:01 - Nov 24 by Boston
Check your PM's.

[Post edited 24 Nov 2017 20:03]

Never knowingly understood

Any Employment Law experts out there??? (n/t) on 22:22 - Nov 24 with 2494 views

Boston

Any Employment Law experts out there??? (n/t) on 19:19 - Nov 24 by danehoop
[Post edited 24 Nov 2017 20:03]

Misogynist.

Poll:

Thank God The Seaons Over.

Any Employment Law experts out there??? (n/t) on 22:27 - Nov 24 with 2490 views

danehoop

Any Employment Law experts out there??? (n/t) on 22:22 - Nov 24 by Boston
Misogynist.

Yes, with hindsight it was a t w at ish thing to say so I removed it.

Never knowingly understood

Any Employment Law experts out there??? (n/t) on 23:08 - Nov 24 with 2463 views

Boston

Any Employment Law experts out there??? (n/t) on 22:27 - Nov 24 by danehoop
Yes, with hindsight it was a t w at ish thing to say so I removed it.

eejit...I was guessing.

Poll:

Thank God The Seaons Over.

Any Employment Law experts out there??? on 23:16 - Nov 24 with 2455 views

Lblock

Thanks all

And whatever Danehoop said... bollox to ya!!

Cherish and enjoy life.... this ain't no dress rehearsal

Any Employment Law experts out there??? on 04:31 - Nov 25 with 2345 views

jonno

I had a similar clause in my last contract - except that they didn't actually pay the bonus until April the next year following the year in which you earnt the bonus and if you left the company before they paid it you didn't get it - even if you had actually worked the whole of the previous year! But as has been said, the fact that in your case they will pay it in December means they can't get it back anyway so you will be OK.

Any Employment Law experts out there??? on 08:31 - Nov 25 with 2261 views

LythamR

Any Employment Law experts out there??? on 04:31 - Nov 25 by jonno

But depending on the size of the bonus they could attempt to reclaim it or some of it from the final monthly payments once he has put in his notice.

My suggestion would be to have a look at the ACAS website and contact them explaining you particular situation and concern. Its what they are there for.

http://www.acas.org.uk/

Any Employment Law experts out there??? on 11:00 - Nov 25 with 2196 views

Lblock

Any Employment Law experts out there??? on 08:31 - Nov 25 by LythamR
But depending on the size of the bonus they could attempt to reclaim it or some of it from the final monthly payments once he has put in his notice. My suggestion would be to have a look at the ACAS website and contact them explaining you particular situation and concern. Its what they are there for. http://www.acas.org.uk/

They’d have have to take two months wages and a bit to recover

If they took anything out of the first month of the three then I’d basically down tools for the next two. They’d have to put me on gardening leave as the commercial risk of letting me carry on without the diligence they’d need would be huge.
So thinking about it I’m in a reasonably comfortable position

Cherish and enjoy life.... this ain't no dress rehearsal

Any Employment Law experts out there??? on 11:56 - Nov 25 with 2163 views

tkqpr

Tricky one, have a word with Tony Pullis, i seem to remember him having to pay back his bonus once he left Palace.

I know....not helpful!

Any Employment Law experts out there??? on 05:42 - Nov 26 with 1979 views

PlanetHonneywood

Any Employment Law experts out there??? on 11:56 - Nov 25 by tkqpr
Tricky one, have a word with Tony Pullis, i seem to remember him having to pay back his bonus once he left Palace. I know....not helpful!

Ultimately I think Holloway is right, but you have rightly pointed out the 'condition precedent' angle in all of this.

Some opinions proffered on here maybe well meaning, but are wrong. Alas, some telling us what you would do in certain situations is all well and good, but useless if not relevant.

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Any Employment Law experts out there??? on 08:14 - Nov 26 with 1943 views

jonno

Any Employment Law experts out there??? on 11:00 - Nov 25 by Lblock
They’d have have to take two months wages and a bit to recover If they took anything out of the first month of the three then I’d basically down tools for the next two. They’d have to put me on gardening leave as the commercial risk of letting me carry on without the diligence they’d need would be huge. So thinking about it I’m in a reasonably comfortable position

The fact that they pay the bonus in December, rather than the following April as my employer did, says that they would not look to reclaim it back from subsequent months pay. Taking money from employees pay is actually a legal minefield for all sorts of reasons and employers very rarely attempt to do it in my experience; in fact most payroll systems don't have the functionality to even do that.

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