Bonuses

[*glow*]

Hi All

Just wanted a bit of an opinion... (and legal or HR advice if any of you can help...)

I work in a sales role and we are paid quarterly bonuses based on quarterly targets.

I am working half of this quarter. I have been given a target for the full 12 weeks meaning I can only influence half a quarter but am expected to bring in the sales for the 12 weeks to achieve my full bonus...

So my thoughts are:
They pro rata my target (and then pro rata my bonus) to make it fair


My bonus is non contractual - which makes it even easier to not pay it...

But I am peeved cos the guy who sits next to me has a LOWER target, is working for the full twelve weeks and is likely to achieve a big fat bonus. I am working until 38 WEEKS to get maximum cashetta and therefore am only finishing up to have a baby (well in the eyes of the law) and have not got a hope in hell of hitting my target!

Its a tough one...

Anyone in a similar position ... Anyone got any advice!??

Thanks all

G x

 

[Sabrina]

Hi Glow

Seems a bit unfair that you have a higher target and less time to achieve it than your male colleague.

Is it possible you can appeal your target? If not then I think you should definitely get some indication, in writing if possible, as to the outcome should you achieve it before you leave.

I have to say, personally, if I wasn't sure I'd get the bonus, I'm not sure I'd see the point in working so hard to achieve the target.

 

[*glow*]

Hey honey, thanks!

Thats why I put the post on, my thoughts are if its not worth staying on an earning the bonus I should finish up earlier ... well thats my excuse any way xxx

 

[BEX101]

I'm in sales too, but my comision is based on compleations. (its mortgages and loans)

To qualify for a bonus in any month i've got to hit 100 deals passed to the brokers that particular month, but i only get paid out on any completed mortgages and loans in that month, bearing in mind to complete on a mortgage takes 6-12 weeks.

So.... for the last 3 months i'm working, any deals i pass over to the brokers probably wont complete till i'm on maternity leave. Which means i cant qualify t claim them as i need to get 100 deals in the payout months to trigger my bonus.

Are you with me....?

Its not a very fair way of giving out bonuses, because this month i wont hit my 100 target because of extra time off for maternity stuff and anything that completes this month i wont get anything for because i didnt hit my 100.

 

[*glow*]

Hmm, I am not sure about that one!

I am not getting any pay (started my job early PG) so the confusion for me is caused by them not having to calculate 'earnings'.

If you are getting SMP then I think they have to take a 'test period' to calculate your earnings to give you 90% - does that make sense??

Certainly one of the girls at my work got it picked at week 18 of her pg (1/2 way through at work) and she got 90% including bonus as even though its non contractual bonus its still classed as earnings...

Are you with me? Worth you looking into that - my prob is am not getting paid at all - unless the benefits agency take pity on me

Not sure if the situation above is company policy or law - its all so bloody complicated!!!!!!!

 

[valentine]

Hi girls,

I found this online for you, I don't know if it helps?

Bonuses and commission payments

This is a complicated area as there are different types of bonuses and there have been many tribunal cases on this issue. You should check the type of bonus (contractual or discretionary), what it has been paid for and the period to which it relates. If you have been refused all or part of a bonus discuss it with your employer and if you cannot agree seek further advice. At present the law states that you are entitled to the following:

Bonus or commission payments which are not part of your normal salary should be paid in full during OML. For example, a Christmas bonus is not usually your normal pay and should almost certainly be paid during OML. Also, if a bonus such as a Christmas bonus has been paid to the whole workforce, it may be sex discrimination to refuse to pay it to a woman on maternity leave.
Commission that is part of your salary or performance-related pay is likely to be classed as remuneration so it is not payable during OML. However, it would be sex discrimination to refuse to pay the proportion of any bonus or commission that relates to the time that you were actually at work (this was decided in the case of Lewen v Denda). For example, if you were at work for half the year and on maternity leave for the other half of the year, you should be paid half of the bonus. You are also entitled to the proportion of any bonus that relates to the time you were on compulsory maternity leave (two weeks immediately following the birth of the baby or four weeks for factory workers). This was decided in the case of Hoyland v Asda.
If a bonus, such as a loyalty bonus, has been paid to employees ‘in work’ on a certain date (when you were on maternity leave) then it could be sex discrimination to refuse to pay you because of your absence on maternity leave (this was decided in the case of Gus Home Shopping v Green and McLaughlin).
You are not entitled to contractual rights during AML. However, as with OML, it may be sex discrimination to refuse to pay all or part of a bonus because you are on AML. You are definitely entitled to at least the proportion of any bonus or commission that relates to the time you were in work and for the period of compulsory maternity leave.

Taken from this website, which has excellent information on your rights.

Hope this helps

Valentine xxx