Discretionary bonus not paid for several years

[andreak]

Dear forum members,

Apologies if I'm posting this query in wrong thread or if this has already been discussed.

I'm a British citizen who was hired as a Tier 2 (General) Migrant by one of the biggest global corporations. When I was offered the job, I had a discretionary bonus clause in my offer letter.

I believed in the discretionary bonus clause in good faith. Little did I realise that employer did not have any intention to pay any performance bonus. Since joining this company as Tier 2 migrant till becoming a British citizen I've not been paid a penny in bonus despite being one of the top performers.

Also in last several years I've only had a 3% pay rise once that too after lot of argument with the senior managers.

My basic salary is now lower than even a Tier 2 ICT Long term staff! As a British citizen who has been a Tier 2 migrant all these years what are my rights? Are employers allowed to abuse discretionary bonus scheme? I asked my manager and HR to let me know in writing why I've not been paid any bonus, they have refused to give any reason.

I checked couple of employment solicitors who offered me legal help but are charging at least £250 per hour for consultation. I cannot afford their fees but at the same time I cannot survive on same salary and zero bonus forever as expenses have gone up.

I don't want to quit the job, is there any option to get the employer to pay bonus and pay rise since they have been making record profits year on year and offered no reason whatsoever for denying bonus and payrise?

Solicitors said U.K. courts have punished many employers in the past for abusing discretionary bonus scheme. However, I can't afford the legal fees to get a good solicitor.

Appreciate if forum members can provide some guidance. I'm now getting redundancy threat for being too vocal about payrise and bonus.

Thanks in advance.

[CR001]

Not an immigration related issue. It is an employment contract issue. Suggest contact ACAS, link below.

http://www.acas.org.uk/index.aspx?articleid=1461

Bear in mind it is a discretionary bonus NOT a guaranteed bonus. Discretionary ones, the employer is not obligated to pay.

[andreak]

Thank you very much for a prompt response. Much appreciated.

I will carefully review th link provided.

Yes not paying discretionary bonus is not an immigration issue, agree on that. However I thought intentionally putting discretionary bonus on offer letter when there is no intention of paying bonus is a kind of immigration fraud isn't it especially when hiring Tier II staff?

Although discretionary doesn't mean guaranteed bonus, UK courts strongly advises employers to use the word discretionary in good faith and not to abuse it so as to not give bonus to employees. Dozens of employers have been in the UK and reached settlement with employees on bonus related issues.

I'll see if ACAS can offer some help. Thanks for the link again. My manager and HR have been completely unresponsive to this issue which is frustrating.

[CR001]

No, it is not immigration fraud.

[andreak]

No, it is not immigration fraud.

Thank you, not exactly an immigration fraud but a loophole maybe? Employers hire Tier 2 staff with discretionary bonus and payrise mentioned in offer letters but migrant staff never actually get it! Will bring this to the attention of UKVI new head (successor of Sarah Rapson) and new Home Secretary Amber Rudd MP.

Abuse of discretionary bonus by employers must stop.

[CR001]

It is an employment issue NOT an immigration one or loophole.

My contract also mention these things but they are not guaranteed and are at employers discretion. It is not only a tier 2 employer trend to use them in contracts.

One has to wonder why you have only now decided to raise the issue after getting BC, given that it appears you are still with the employer. Find another job and move on.

[andreak]

One has to wonder why you have only now decided to raise the issue after getting BC, given that it appears you are still with the employer. Find another job and move on.

I've flagged this issue several times with HR and managers when on Tier 2, when on ILR and even after acquiring citizenship. Switching job is not a solution. What baffles me is how do big corporations get away so easily for abusing the word 'discretionary' for not giving bonus despite making record profits!

When you have kids to take care of, switching jobs is not always a convenient option even if new job is going to offer more money.

[CR001]

That is precisely why the employers use the word 'discretionary' ie, up to them to decide if they will/will not give bonuses, there is no guarantee regardless of how you feel or think. Suggest use the contact I have already provided if you have an issue you feel needs to be raised with your employer (risky). I doubt you will have much success.

This is not an immigration issue and topic will now be locked.