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Started by widenation on Feb 18, 2021 2:29:19 AM
Requesting outstanding money post redundancy.

I've found myself in the following position...

Took an iMac home a year ago when office closed. Was then furloughed, then made redundant. They've only just asked for the iMac back, which having not heard anything assumed I could keep. At turn of 2020 I had just completed 20 years and received £750 in airmiles with a further £250 set aside for a future meal with colleagues.

I've said no problem returning the iMac but can I have the £250 please - and been told no (it was a 'discretionary', no longer issued award). Award/bonus was granted/confirmed late 2019. Any suggestions on how I should initially respond to this welcome!

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HerrWalrus - 18 Feb 2021 07:44:06 (#1 of 87)

Keep agreeing that you will return the iMac but never get around to actually doing it.

dottie30 - 18 Feb 2021 08:07:55 (#2 of 87)

I believe it is stipulated in contracts that on termination all company property must be returned. You won't have much of a case if the company decides to report you for theft. Might not be a criminal matter but would probably cost you more in the long run if the company pursues it through the civil courts.

HouseOfLametta - 18 Feb 2021 08:26:39 (#3 of 87)

Did you get no statutory redundancy?

TauCeti - 18 Feb 2021 08:28:43 (#4 of 87)

Get another mac older and broke and send that back?

Crayola - 18 Feb 2021 08:39:00 (#5 of 87)

I can't believe they want 250 from 2019 back. Are they really in that bad a state?

Catspyjamas17 - 18 Feb 2021 08:44:14 (#6 of 87)

What does it say in your contract?

Crayola - 18 Feb 2021 08:53:24 (#7 of 87)

The mac probably is, but I can't imagine something like the money would be specified in a contract as it's such an unusual situation.

I would be tempted to send the mac back and a letter/email saying 'please specify the section in my contract where it is required for me to return a discretionary award from over a calendar year ago?' I suspect they will then capitulate as they may realise how petty they the look. If they then show you, you have to suck it up and send it back.

RosyLovelady - 18 Feb 2021 08:55:09 (#8 of 87)

Say you accepted it in good faith, spent it, and accordingly are not in a position to give it back.

Gingerbread - 18 Feb 2021 08:56:15 (#9 of 87)

They're not asking for the money back. Wide is asking for the balance of his bonus as a response to having to return the imac.

cozzer - 18 Feb 2021 08:56:49 (#10 of 87)

I can't believe they want 250 from 2019 back

They don't want it back, it was never given.

Crayola - 18 Feb 2021 08:57:20 (#11 of 87)

Sorry, I have totally misread! Need more coffee.

HerrWalrus - 18 Feb 2021 08:57:55 (#12 of 87)

They don't want it back!

RosyLovelady - 18 Feb 2021 08:58:30 (#13 of 87)

I misread too. Sorry, all.

Crayola - 18 Feb 2021 08:58:36 (#14 of 87)

No need to shout! I have said I misunderstood.

InternationalVicar - 18 Feb 2021 09:07:18 (#15 of 87)

You can say the mac is available for collection by appointment.

If you have documentation on the £250 work do budget being definitely due then continue to ask for it just to watch them squirm.

You can match the enthusiasm of their response when making the mac available for collection, or enjoy the moral high ground and move on.

better if the meal deal ever had a cash value equivalent (probably not).

widenation - 18 Feb 2021 09:40:27 (#16 of 87)

Thanks for the ideas - and yeah I could have been clearer in the header. Contract says any 'bonus' is discretionary, however my argument is that it had been granted in 2019 (it was announced during a conference) and not yet fulfilled. Their excuse is that all discretionary payments have been stopped since March 2020.

The meal deal didn't have a cash equivalent and is something that isn't detailed in contract etc.

My inclination is to state the date the bonus was 'awarded' and that any subsequent discretion/change of policy is irrelevant... also to perhaps talk to the firm founder - also a current director - who said to call him if there was anything he could help with on redundancy (this is a last resort).

InternationalVicar - 18 Feb 2021 09:58:43 (#17 of 87)

the bonus was 'awarded' and that any subsequent discretion/change of policy is irrelevant.

You understand completely and are prepared to assist by announcing the un-awarding of the bonus at the next conference in person while presenting HR director with a hat made from a second hand mac.

hailesaladdie - 18 Feb 2021 10:12:51 (#18 of 87)

I think you should take the £250 and give it back in a big bottle of mixed 1 and 2p pieces.

And poo in their handbag, obvs.

widenation - 18 Feb 2021 10:13:09 (#19 of 87)

Looking at case law - if this was a large amount of money, they would have little chance of defeating a claim for it in court by saying it was discretionary.

widenation - 18 Feb 2021 14:55:51 (#20 of 87)

<bump>

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