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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6353
Experience:  15 years experience of advising on employment law matters
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Good Afternoon I am hoping you may be able to assist. I

Customer Question

Good Afternoon
I am hoping you may be able to assist.

I am an employee of a company of which I joined in Nov 2009.
In summer 2010 the then owner sold to a 2nd employee which joined the company prior to myself, therefore becoming the new director / owner of the company.
He told me at the time that in order to retain me that he will pay me an increased salary which he did and 20% of the companies profits each year.
I have never received this in writing, although I have requested it through email on a number of occasions with no response.

A bit of background regarding my own circumstances is that I have never received an employment contract of any sort. I work minimum 11 hour days every day (mon - fri) and over the past 3 years have only taken 12 days hol each year. I know I am continually going to be fobbed off but if I just leave I feel like I would not only be giving in but I would be giving up what has been promised to me.

Any advice at all would be much appreciated!
Best Regards
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

`Hello my name is Jenny and I am happy to help you today. Are you saying you have not been paid in accordance with the oral agreement?

JACUSTOMER-s01os3zg- :

Hi Jenny

JACUSTOMER-s01os3zg- :

Sorry pressed enter too quickly - yes that is correct, I have not been paid any of the profit related bonus

taratill :

Hello if there is nothing in writing were there any witnesses to this agreement?

JACUSTOMER-s01os3zg- :

No which is a problem I understand. I have however recorded it in writing to him through email requesting the amount that he has promised on 3 separate occasions - on each occasion none of the emails have received a written response by return

taratill :

That is evidence of the fact that it has been agreed. You should raise a grievance to state that you believe that this amounts to an unlawful deduction from wages and that if it is not paid then you will have no alternative but to raise a claim in the employment tribunal for this and also for the fact that you have never been given a contract of employment. If your employer were to sack you for doing this then you would also be able to claim unfair dimsissal.

taratill :

You can then lodge a claim using the form you will find at www.employmenttribunals.gov.uk

taratill :

If you have any further questions about this please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.