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Ask the expert: Bonuses for all?

Posted by Martin Brewer, Esther Smith in Employment law on Tue, 09/02/2010 - 11:21

Do these TUPE employees still have a right to their undefined bonuses? Martin Brewer and Esther Smith advise.

The question: Bonuses for all?

I work for a company who have some employees following a TUPE transfer a few years ago. We now have issues around who we can, and cannot pay bonuses to. If these employees have transferred under TUPE, do they retain their original terms and conditions of employment, even though their original employer is now defunct?
Is there an argument for bonuses to be continued to be paid, even if not explicitly stated in the original contract? We also have an employee who did not transfer under TUPE, and holds a different contract that does not state bonus, but has received a bonus this year.

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Editor's Welcome

Hello! And welcome back as we enter 2012, with a busy year ahead of us all. With talk of double-dip recessions, a possible partial or even full break-up of the Eurozone and unemployment rates set to hit nearly 9%, topics such as organisational streamlining, staff resilience and talent management are likely to be on many an HR professional's lips over the next 12 months.

But to lighten the gloom here in the UK, we also have the Queen's Diamond Jubilee and its attendant public holidays to look forward to at the start of June. Followed by two weeks of Olympic Games from 27 July to 12 August and the Paralympics from 29 August to 9 September, each generating their own excitement, but also issues to work through for hard-pressed HR departments trying to sort out the multifarious staffing issues in advance.

So with an interesting but challenging year to come, HRZone promises to be with you, supporting you all the way and providing our usual insightful blend of news, analysis, community blogs and expert comment to help you sort the wheat from the chaff. As ever, we love to hear from you too so feel free to either post your words of wisdom to our blog section yourself or, in the case of longer, more in-depth ‘expert voice’ articles, drop me a line with any ideas to cath.everett@siftmedia.co.uk.....

Cath Everett

HRZone Editor

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