Hi,
I have recently left an employer and have received my final wage. The employer has decided not to pay me my "pay progression bonus" and they have advised that as I am a leaver they have no obligation to do so.
The bonus itself is an hourly supplement of £1.70 this is based on a quarterly review and my work is appraised and then measured against set criteria. There are a number of different bonus rates for what they call "developing, achieving & advanced" quality.
The bonus is paid in arrears so for any payment I would expect to receive in August to be for work completed in July (long before I even handed in my notice). I can obtain in writing the conditions of the bonus as I was subject to an additional rate in exchange for moving department. They contract does have a clause pertaining to "commission" as being at the company's absolute discretion however I see it as being an agreed hourly rate for hours worked. The point being that if at at any point in the period I am being paid for had I asked how much I will be paid for the hour I am about to work I would be told a rate including the bonus. To then retrospectively advise that as I have now left the company that the agreed hourly rate for this work will now not be honored doesn't seem legitimate.
Does anyone have any knowledge of these sorts of retrospective amendments and would I have a case to pursue my former employer for the shortfall?
I have recently left an employer and have received my final wage. The employer has decided not to pay me my "pay progression bonus" and they have advised that as I am a leaver they have no obligation to do so.
The bonus itself is an hourly supplement of £1.70 this is based on a quarterly review and my work is appraised and then measured against set criteria. There are a number of different bonus rates for what they call "developing, achieving & advanced" quality.
The bonus is paid in arrears so for any payment I would expect to receive in August to be for work completed in July (long before I even handed in my notice). I can obtain in writing the conditions of the bonus as I was subject to an additional rate in exchange for moving department. They contract does have a clause pertaining to "commission" as being at the company's absolute discretion however I see it as being an agreed hourly rate for hours worked. The point being that if at at any point in the period I am being paid for had I asked how much I will be paid for the hour I am about to work I would be told a rate including the bonus. To then retrospectively advise that as I have now left the company that the agreed hourly rate for this work will now not be honored doesn't seem legitimate.
Does anyone have any knowledge of these sorts of retrospective amendments and would I have a case to pursue my former employer for the shortfall?
Final wage deduction.