Bonus Quandry

Pipe & Slippers said:
What I say is that this is key part. Forget the "may" part being the key, unless the payout is merit based and you've failed to rerach the minimum target , or whatever. If there is some hurdle to overcome to become eligible, it should have been communicated to you. If it wasn't, they can't withold payment

Stuff what HR say their policies are, your contract overrides anything else

The fact that this is in your contract, implies that it's possible for you to receive an element of Company Profit Bonus Share. I bet you contract also states you are an FTC, so the 2 parts shouldn't be mutually exclusive. If they are, it's the company's problem they've got a poorly worded contract. Your arguement will be it's open to interpretation...your interpretation

If it's awkward to push forward on this, wait until you move on to the next job (with their references under your belt) and then contact them asking for payment

Good luck

<<edit>>
Just because bonus schemes are discretionary, doesn't mean you can be excluded from it at the whim of the company. They have to apply the same criteria to all employees in terms of eligibility and size of payout

Also, many companies say their schemes are discretionary, but if there's a scheme in place and the criteria for payout are met, it's highly unlikely they won't pay it out except in extenuating circumstances eg. sudden and unexpected decline of business before it's paid out

In your case the profit criteria have been met since some staff have been paid out
Click to expand...

I disagree, the *may* part gives the company the ultimate decision whether to award you a bonus or not.

It's the same on the flip-side if you were leaving, say you'd hit all your sales targets or whatever the criteria is, and you'd announced your intention to resign prior to receiving a bonus, you'll more than likely find the company would withhold the bonus. Despite exceeding expectations, it still falls under the "you may be eligible for a bonus".
 
Put all the contract stuff to one side, you need someone senior to make a call and represent.

How strongly do you feel about it and how would the business react if you called time on your contract early (if able)?

These things tend to come down to is it worth a fight and are you willing to fight for it if you think your business values you enough.

Contracts are just terms with flexibility for situations just like this.

Someone needs to go into battle on your behalf and then thesis things can be sorted. If they are not willing to do that you have two options. Put up with it or act on it.
 
Quick response to all, I will respond more later. I am fully aware that bonuses are discretionary, I’m not disputing that. It’s the somewhat grey area between apparent policy and a contradicting email from HR that’s causing me to seek advice on this.
 
-westy- said:
Quick response to all, I will respond more later. I am fully aware that bonuses are discretionary, I’m not disputing that. It’s the somewhat grey area between apparent policy and a contradicting email from HR that’s causing me to seek advice on this.
Click to expand...
Have you made it abundantly clear every time you have asked the question that you are a Fixed Term Contractor?
 
Update - my employer has decided to honour my contract - the "may be eligible" part refers to whether the company meets certain metrics. We did, therefore all employees are eligible for a bonus. All sorted. Thanks for the advice all :)
 
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