Work stopped paying my �3000 bonus?

[Lakeslad]

In November 2005, my then line manager left the company, the general manager held a meeting to say they would not replace her, instead I could cover her role on a bonus scheme, i.e as long as I didn't make any drastic errors I would receive an extra �250.00pm. I was promised everything in writing but after much begging and pleading I still have not received the letter. Every month bar one I received the bonus on my pay-slip. Now two weeks ago the general manger left the company and I stopped getting my bonus. When I questioned it with HR, they said it was stopped by the directors as they knew nothing of this bonus that I had been receiving. When I explained that it was due to me doing the job of my line manger they asked what I was given by the general manger to prove this, of course I had nothing to show. So now basically I have lost my bonus and am still expected to do the role of my line manager. This gross error of the general manger has no cost be about �3000 a year. I don't know what to do, I am so the hell in with the company I feel like just walking out the door. Do I have a leg to stand on with this or must I just face the fact? My family say I should take it to the small claims court. But will they not just ask if I have anything in writing or would they look at the fact that I had been receiving this money for something? If I lose I am worried I will then get fired.

[cascarelli]

I would say you probably have an oral contract with the company to provide the service. This can be almost as good as a written contract. You've been doing the extra work and they've been paying you for it - I think this in effect establishes a contract between you.

Personally, I would write a letter to your manager or a director spelling out what has happened. You should make it clear in the letter that this is a 'grievance'. Because you have raised a grievance with the company they have a legal duty to investigate it and if they don't you can take further action and be compensated for that fact alone.

I would wait until you hear back after writing to them before you consider further action.

[Lakeslad]

Thank you cascarelli: I have never had to write such a letter before so not 100% sure how to. Would I just start the letter saying "I would like to raise a grievance with XXXXX Hotel" then continue explaining what has happend? How long should I give as a reasonable amount of time for the company to respond?

[cascarelli]

Ok, you don't actually have to state in your letter that it's a grievance but it wont harm to. Do the letter as youve stated and they should then invite you to a meeting to discuss your grievance. At the meeting you should state the facts - you were asked to do extra work for which you were being paid etc etc. I think they've set a precedent by paying you for most of the year and it would be difficult for them to back away from that.

If they don't follow the correct procedure - first step is setting up a meeting with you - then you could possibly resign and claim constructive dismissal but give them a chance to follow this through first. I'd give it perhaps a couple of weeks for a meeting to be arranged during which time you might receive an acknowledgement letter.

By you raising a grievance they might see sense and pay you the money before it all gets out of hand.

[Lakeslad]

Cascarelli - You are a star! I have asked so many people what to do and you have made the most scense! Thank You, I am in the process of writinf the letter at the moment.

Will keep you posted.

[pingping]

is is worth trying to get the details of your ex-general manager first (e.g write a letter to him at his new work place and ask him to set out in writing the agreement you had?) this, in addition to your payslips may be enough proof of your contract.

the very fact that your HR department said that the payments had been stopped is recognition that you were being paid. You could always stop doing your ex-line manager's duties until you receive the pay again.

[Lakeslad]

I gave in my letter today raising the grievance. I also stated in the letter that I would continue to do the extra work for a limited time until a decision has been made. All the answers have been very helpful. I also spoke to the lady who's job I have been covering. She sat in on the original meetings and she said she will be available anytime to come support me in the event of a meeting.

Will let you know. Thanksfor all your help so far

[cascarelli]

I think you've approached it right by appearing to be helpful (by carrying on doing the extra work).

If you've got a witness to the original meetings so much the better. I think if she still works for the same company she'd be allowed to accompany you to the meeting - I'm not 100% on that point but fairly sure.

Good luck!

[Lakeslad]

She no longer works for the company, but was still employed at the time of the meeting. I hope that would count. I just hope this doesn't go the wrong way and I end up getting fired!

[cascarelli]

No employer in their right mind would sack you for raising a grievance of this nature - they'd leave themselves open to all manner of compensation claims. So long as your grievance is genuine and you approach it in the right manner then you should be ok.

I'm assuming from what you've said that this is a larger hotel group as they have a HR department. Any HR department should know how to proceed with this and it shoudn't go against you.

I'm not sure you can invite an outsider to the meeting but a letter from the former employee would certainly carry some weight and certianly would if this ever went to an employment tribunal.

[Lakeslad]

Thanks Cascarelli - Do you work in HR? You are very clued-up on these sort of things. :-)

It is a large group for the area, 5 x 4 star hotels. Each hotel has it's own personnel dept, then the fall under the Group Personnel manager in the head office. My letter was sent to the Operations Director and CC'd to the Group personnel Manager.

I had already tried to get this sort with the hotel personnel but didn't get very far hence me going to the top.

[Lakeslad]

An update, so I gave the letter. Yesterday I had the meeting with the Director who firstly apologised for the way the whole situation was handled. He has agreed to reinstate my bonus, include it in my basic and back pay 3 months. Very happy now

Thanks for all your help everyone