Some advice for a 'friend'

[RedLCRB0b]

A friend has just been offered (and verbally accepted) a new job. The company they currently work for has had a very good year and has just announced that all the targets have been met, hence the full yearly bonus will be paid. This will be paid into the January pay roll (end of Jan).

My friends dilemma is that if they hand their notice in now, they have a suspicion that the management will renege on the bonus payment. The bonus is actually quite big so not something to be given up easily.

The new company have been told about this but are quite desperate for an early start date so don't really want to wait another month. In addition, the new job is already a very good deal so my friend doesn't feel that they can go back to the other company and ask them to potentially cover the lost bonus.

They have looked through their employment and bonus contract and can't find anything that would let the company remove the bonus, but are still a little worried that the management will find some way of wriggling out of paying it.

Any ideas ?

[dingg]

If he will never ever have to work for 'old' company again , there is only one answer


GO ON THE SICK - hopefully will even get two salaries plus bonus plus if 'friend' doesn't like new job , old job still open to you , sorry 'him'

good luck

[RedLCRB0b]

I certainly wouldn't advise him to do that - far too dishonest.

[mically]

dingg said:

GO ON THE SICK

Isn't that illegal though? To be on statuary sick leave for one company, whilst working full-time at another?

Guess the only option is to hand in their notice, start new job, then chase any monies owed through the small claims system.

[RedLCRB0b]

anonymous said:

[redacted]

The bonus isn't covered in the standard contract, it is a separate agreement and doesn't mention anything about notice periods. The new employer has already offered a very good deal so he doesn't want to push them any further.

[RedLCRB0b]

anonymous said:

[redacted]

He has checked all this and can't find anything to suggest the bonus payment would be at risk, it's more of a gut feeling.

[RedLCRB0b]

anonymous said:

[redacted]

Yes, just.

[Nick M]

RedLCRB0b said:

They have looked through their employment and bonus contract and can't find anything that would let the company remove the bonus

Is the bonus guaranteed contractually, as in it's written that he will receive an annual bonus of £x (or some other such way of specifying the amount) ?

Or is it, more likely, a discretionary bonus ? And if the latter, what are the criteria for qualifying for receiving a bonus ?

[Legacywr]

To be honest with you, I think you need to give us a rough idea of the figures involved!?

[RedLCRB0b]

Nick M said:

RedLCRB0b said:

They have looked through their employment and bonus contract and can't find anything that would let the company remove the bonus

Is the bonus guaranteed contractually, as in it's written that he will receive an annual bonus of £x (or some other such way of specifying the amount) ?

Or is it, more likely, a discretionary bonus ? And if the latter, what are the criteria for qualifying for receiving a bonus ?

It is guaranteed contractually.

[RedLCRB0b]

Legacywr said:

To be honest with you, I think you need to give us a rough idea of the figures involved!?

4k

[RedLCRB0b]

anonymous said:

[redacted]

Because he thinks that might give the game away. Having looked at his contracts and employee handbook I can't see anything that would allow them to not pay the bonus, but it still feels like a bit of a gamble for him.

Thanks for all the help guys, he really appreciates the input.

[RedLCRB0b]

There is one possibly useful thing, when he leaves his old company are possibly going to need quite a bit of help. If they play nicely then he may be prepared to help them out (phone type support), however if they play dirty then they are on their own.

[Deva Link]

RedLCRB0b said:

anonymous said:

[redacted]

Yes, just.

Are the companies competitors - in other words, is he likely to be let go straight away, or placed on gardening leave?

Re earlier comments about going on the sick and working for 2 companies - this just happened at a fairly senior level in the company my brother works for. New guy started, worked for 3 mths, including a 2 week foreign tour, then just announced he wasn't coming in anymore and carried on with his old employer.

[Legacywr]

4k? Make the new job the priority IMO!

[stevieb]

What date is the payroll run committed in the system? In other words whats the point of no return where the management cannot change anything.

You could give in resignation then and agree an early leave date. He also may be able to of set his holiday against his resignation period

[Silver]

In my last two jobs there was nothing in the contract or employment handbook to suggest that bonuses would not be paid in a notice period but this nevertheless was the case.

If the 4K is that important to you, I would either speak to your new company and explain you can't afford to lose it and hope that they will a) live with it or b) compensate you.

[wantacar]

to me, a new job is more importnant then 4k.

Career is more important than short term gains...