Mobilisation, bonuses and Reservist Award

Discussion in 'Army Reserve' started by Dr_Evil, Mar 4, 2013.

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  1. On behalf of someone else, I need pukka gen on how RTMC has applied and is now applying the rules for Reservist Award and annual bonuses.

    In particular, explanation of how RTMC would deal with the following situation would be appreciated:

    1. Pte X mobilises in (say) February 2013.

    2. He would normally be paid his annual bonus for Jan to Dec 2012 in April 2013. However, as he is not employed by his civilian employer due to mobilisation, his employer does not pay the bonus.

    Is the MOD liable to pay the bonus not paid? I would say it is but would like to hear what RTMC policy is.

    What if RTMC says that the 2012 bonus is due from the employer as a contractual entitlement?

    And what is the story regarding his bonus for the Jan to Dec 2013 year?

    It is fair that MOD is liable to Pte X for bonus in respect of only one year. But if Pte X is not paid bonus for 2012 by his employer and is not issued bonus rules and targets for 2013 (and so there would be nothing to base his entitlement to 2013 bonus on), the MOD would entirely escape liability to reimburse him his list bonus for either year.

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  2. OK, this does not strictly answer the question, BUT: is your point (2) an absolute given?

    If Tpr X's employers are a half-decent bunch, can he not get them to pay up anyway? Either in Apr when due or even before mob (the latter I suspect unlikely as it may just be all-too-difficult, sets-a-precedent, computer-says-no etc). This assumes his intention to return to them after demob: otherwise they will of course just tell him to ram it, and will thereby save some money. If I were him, I would try to negotiate this urgently before mob'ing.

    This could save him a LOT of hassle at RTMC...
  3. Pob02

    Pob02 War Hero Book Reviewer

    I can give you chapter and verse on how they mine worked.

    As I was away for part of the year my work gave me a pro-rata bonus. I presented the figures, with a letter from my HR Dept. which stated this was a pro-rata payment, and the kind people at Chilwell arranged for the unpaid pro-rata amount to be paid by HM. This has worked twice for me.

    I hope that helps in some way to answering your query.
  4. It does. What about the following year's bonus?
  5. Pob02

    Pob02 War Hero Book Reviewer

    Again, was pro-rated, and same sketch. I put the claim in after I got back, with cover letter from HR . .. and got the cash.
  6. The_Duke

    The_Duke LE Moderator

    Not quite the same, but RTMC were happy to honour a pay rise I picked up mid-mobilisation. All it took was a copy of my contract stating that my pay review was due on 31/12 and a copy of my letter stating that as of 31/12 my new annual salary after review was (x). They then upped my RA accordingly.

    If you have sufficient evidence to support it, you should have a case to make for the year lost, although prospective bonus calculations are harder, especially if they are calculated on OTE.
  7. Many thanks.

    Unfortunately, this is not a hypothetical question. It refers to matters which have happened in the past.

    Chap mobilised. Employer refused to pay him his bonus for the previous year at payment date because he was mobilised at that date. Strictly speaking, they may have been right not to do so: he was not at that time one of their employees. On the other hand, arguably that bonus payment was part of his pay for the previous year and so they owed it to him. Also because he was not employed, they did not send him any information about his membership of the bonus scheme for the year he was away, so he has no way of showing what his bonus entitlement would be for that year.

    As I said, he only wants to claim one year's bonus. RTMC are saying that they will only pay him bonus for the period during which he was mobilised but, as I said, there is no way of calculating that.

    I should add that RTMC are saying that unless he shows evidence that he was paid pro-rata for that part of the year which preceded mobilisation, they will not pay him for the remainder. They already know that his employer has refused to pay him anything, so the imposition of this requirement strikes me as bogus.
  8. Pob02

    Pob02 War Hero Book Reviewer

    Without an HR dept which is willing toplay bal and give some sort of documentation he is kind of screwed (that is a technical term). Otherwise we would all be claiming huge bonuses missed out on with no eveidence to support the fact.

    I suggest he sweet talk his HR Dept into documenting the bonus award he would normally have received, if he had been there, and at least he will have something to put to RTMC, even if they pro-rata that down, and he misses out on the bit which, I think we all agree, his company should have paid, at least he will get something from HM Gov't.
  9. I too had a pay rise honoured in the April I was mobilised, I too had a bonus payment paid in April though this was paid by my employer. They way this was gotten round was in fact I never left my employers books, I was paid my monthly salary and had it deducted on the same payslip. So when I got home I had a shit load of wageslips with zero pence showing, except the Aprils payslip which showed the bonus.
  10. I claimed for the fact my bonus during my mobilisation was due to be bigger then the previous year. They paid up the difference. My firm also notified me while I was mobilised that I had been granted a notional pay rise. Chillwell honoured this and back dated it when I demobilised. I also claimed the following years bonus as I was not due to get it as I would not have returned to my firm and been in employment for more than the 6 months of that financial year to qualify and so not going to recieve the upcoming one. They honoured all three. But it did require an appeal as the initial claim was rejected out of hand until I literally broke it down and ex-plained in Nth detail why it should be paid.

    My HR department and COO were co-operative and sent a letter verfiying the sums involved. It sounds like your mates HR are being jobsworths. If he was employed the day before he was mobilised then he should receive what remuneration he would have received had the mobilisation not taken place. If he quit the week before.... bad luck he would be unemployed and only entitled to rank salary.

    But the above was the smooth part of mine. There were other issues relating to my mobilisation that the lawyers are having to fight it out over.
  11. Thanks, chaps.

    Looking at the legislation, it appears that I am going to have to go in hard. Oo-er, matron!

    The "relevant earnings" on which the award must be based are "the average daily earnings which in the opinion of an adjudication officer the reservist might reasonably have expected to earn, but for performing relevant service [ie, but for being mobilised], in the service of the employer over the 365 days immediately following the relevant date [ie, the date he enters mobilised service]."

    So what he needs to show is what he would have earned had he not been mobilised. For that, he needs to provide suitable evidence such as his contract of employment and payslips. If he has proof that his salary would go up at some stage during that period, then if he provides it the adjudication officer must take that into account.

    If he has proof of the bonus which he would have been awarded (which he does), then the adjudication officer must take that into account too and base his decision on that, rather than (as the AO is doing) imposing additional conditions.

    If anyone disagrees with this analysis, please shout.