disciplinary

[toddy2]

evening chaps.

anyone know much or someone thats any good with employmant law???
gists of it is,is can an employer not pay bonus earned as part of a disciplinary punishment??
you see what info i can gather is that i believe this would be an unlawful deduction,but trying to get some clarity.
am gonna pop into the local citizens advise bureau on friday also.
cheers all

toddy

[ucsjlr]

Sounds to me like this should have been discussed at the hearing but I would think that this is not correct, no doubt someone will come along soon to correct me but go see CAB for clarification
Best of luck

[chopper1192]

No. The Wages Act, as ammended by the Protection of Employment Act, makes it an offence not to pay any monies that have been properly earned.

My Dad had a similar issue, albeit not disciplinary, some years ago where a firm were witholding bonus over a dispute. Off to court, Dad won, £30k compo which he put towards setting up his own firm.

They'll have to think of another way of punishing you.

Only employees of The Crown, such as Police Officers, Soldiers etc can be lawfully punished in this way.

[307pugpete]

Toddy,

Had the same issue myself a couple of years ago. I was refused Bonus due to a customer hearing me say the word 'Wan**r' so was disciplined , i argued that he was in actual fact a 'Wan**r' buy hey ho !

I saw the advice of an employment lawyer in Rotherham , Richard Stainton at Bradford and Son Solicitors. He advised that as the bonus was not part of my contractual salary then it was up to the company's discretion if they paid me or not.

If it is in your contract however and they have ommited you out of the bonus scheme as part of the punishment with at least three months notice then they are able to , but they must give you three months notice as it is a contractual change and any contract can be changed with this level of notice without your acceptance , this also includes working hours and other terms.

As an aside , the company were selling a body jig 2 weeks after i lost £300 bonus which i purchased cheap through a third party mate then sold on through ebay and made 2 grand after giving my mate a drink , it went down in folklaw that my bonus scheme was better than theirs

[citralex]

Give the ACAS helpline a call , they'll give you chapter and verse. I work for a large DIY firm and had a problem, after quoting ACAS's answer I never heard any more. Also join a Union , its not much a year and there are other benefits beside the advice and support. Having said that some of the union full time officials are as much use as a chocolate watch.

[chopper1192]

Originally Posted by citralex

Having said that some of the union full time officials are as much use as a chocolate watch.

If it's anything like the police fed, they're not even that good.

[john_h]

to me they can do what they want with my wages im still waiting a year later for my pay rise to the next level.

but thats military and working for the queen for you

but your best bet is to look in your work contract or agreement...

[clanless]

Surely, the answer depends upon the 'seriousness' of the disciplinary.

If you have done something wrong - then you can involve the unions and as many solicitors as your bank account allows - you've done wrong - it will only end up costing you money.

Taking your employer to a tribunal is all fine and dandy - but this will make future employers think twice about employing you. You can disagree if you like - but I've seen it happen.