Employment Contract
Discussion
A quick summary :
So the Wife has a employment contract with base pay plus a bonus
Job was sold on the basis that the salary is in fact base pay plus bonus (no discussion of achievement)
Only 1 target set for the whole year - which she has achieved
Now they don't want to pay the bonus it seems
They have stated they gave her the wrong contract - even though they stated the salary will be 40k as an example (30k plus 10k (bonus)) and the bonus was just a meteric to get the salary where it needed to be.
So my question is :
Do they have room to back out paying the bonus - as the only target set has been acheieved ?
Cheers
So the Wife has a employment contract with base pay plus a bonus
Job was sold on the basis that the salary is in fact base pay plus bonus (no discussion of achievement)
Only 1 target set for the whole year - which she has achieved
Now they don't want to pay the bonus it seems
They have stated they gave her the wrong contract - even though they stated the salary will be 40k as an example (30k plus 10k (bonus)) and the bonus was just a meteric to get the salary where it needed to be.
So my question is :
Do they have room to back out paying the bonus - as the only target set has been acheieved ?
Cheers
Sure, just take a step back from the sense of entitlement for one moment.
Some contracts will say, all bonuses are performance related, and discretionary, so read it carefully.
If as you state your wife's employer has already said, you have the wrong contract, then I would tend to say they are going to struggle.
So check your facts, look for discretionary, or other similar terms.
I would suggest your wife speaks to HR, shows them a copy of the contract, and asks them what is the situation. They cannot in my view retrospectively issue an alternative contract, however bonuses are rarely contractually guaranteed.
Being entitled is one thing, getting it into the bank account is another...
Some contracts will say, all bonuses are performance related, and discretionary, so read it carefully.
If as you state your wife's employer has already said, you have the wrong contract, then I would tend to say they are going to struggle.
So check your facts, look for discretionary, or other similar terms.
I would suggest your wife speaks to HR, shows them a copy of the contract, and asks them what is the situation. They cannot in my view retrospectively issue an alternative contract, however bonuses are rarely contractually guaranteed.
Being entitled is one thing, getting it into the bank account is another...
Fair Point Mate ! No HR dept where she works.
No mention of discretionary in the contract.
Contract states something like "...base salary is XX plus a bonus of upto XX..."
I understand if targets are set and not achieved then no payout and also discretionary etc, but no mention of wither. 1 target set for the year that has been achieved. So how can they then state it will not be paid.
My point of view to her is just to walk out and F'them
No mention of discretionary in the contract.
Contract states something like "...base salary is XX plus a bonus of upto XX..."
I understand if targets are set and not achieved then no payout and also discretionary etc, but no mention of wither. 1 target set for the year that has been achieved. So how can they then state it will not be paid.
My point of view to her is just to walk out and F'them
I would suggest that she ask them what they suggest is the best way forward.
It won't look good for them if they pay nothing, she needs to document all the evidence, regarding her target and it's achievement.
In absolute terms it could be a case for constructive dismissal. If they offer no money, insist on an alternative retrospective contract then she should find an employment lawyer ona no win no fee.
Whilst they may not have an hr department (which probably explains why their contracts are so shabby) someone must have written the contract... Does it have a policy for raising a grievance, if not she should request a copy,
It won't look good for them if they pay nothing, she needs to document all the evidence, regarding her target and it's achievement.
In absolute terms it could be a case for constructive dismissal. If they offer no money, insist on an alternative retrospective contract then she should find an employment lawyer ona no win no fee.
Whilst they may not have an hr department (which probably explains why their contracts are so shabby) someone must have written the contract... Does it have a policy for raising a grievance, if not she should request a copy,
No such term exists in her contract
The only target which was set last year per appriasal was met and the appriasal signed by both parties
You are indeed correct they don't have any money (she has found out from someone internally, but they all know this anyway)
I would be happy if they manned up and accepted their mistake and made payments over the year plus compounded interest
Also they neglect to give her the stated pay increase after 3 months as also listed in the contract
The only target which was set last year per appriasal was met and the appriasal signed by both parties
You are indeed correct they don't have any money (she has found out from someone internally, but they all know this anyway)
I would be happy if they manned up and accepted their mistake and made payments over the year plus compounded interest
Also they neglect to give her the stated pay increase after 3 months as also listed in the contract
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