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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer did not comply with one of the terms of my contract

Resolved Question:

My employer did not comply with one of the terms of my contract of employment. I have retired after 17 years with them. Can I claim non payment of annual bonus which was stated in my contract of employment?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Why have they refused to pay your bonus?

Customer:

There was no reason. Because it is a small privately owned company approx. 40 employees. Management do not feel inclined to honour contracts and it is left for one to accept or leave.

Ben Jones :

Did the contract you have with them guarantee you these bonuses? What were the conditions of receiving such a bonus? Also how long are we talking about for claiming - over what period of time?

Customer:

the contract simply states quote:

Customer:

quote "your salary will be at the rate of £....per annum or such higher rate as the company shall from time to time decide and it shall be payable monthly. In addition you will be entitled to an end of the year bonus of not less than one month's basic salary"unquote During the 17 years employment I was paid that bonus only the first year.

Customer:

No conditions stated for getting the bonus.

Ben Jones :

The problem with trying to claim the bonus now is that it has not been paid for 16 years running and you do not appear to have challenged that. Therefore, it is most likely that you have accepted the situation as it currently stands because it has been in practice for such a long time without you doing anything about it. The only way to have a potential claim and be able to take this further is to show that there was no implied acceptance on your part to these new conditions. In other words you must be able to show that since the non-payments started, you have continuously challenged the employer over this and never appeared to accept it. If you did not mention anything at all and just appear to have accepted the fact that you were not going to be paid over all these years then it is highly unlikely that you would be able to challenge it now as the law will see it as you having accepted the fact you were not going to get paid and that you not getting a bonus entitlement had become your current contract.

There is nothing stopping you from trying to approach the employer directly and asking for these payments but if they refuse then only consider taking this further if you can satisfy the conditions stated above, in particular being able to show that you had never just accepted the situation and can prove you had continued to challenge it.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Well this is a confirmation from the expert of what I had been told by some other advisers. I will try to pursue it directly with the employer since I do not have solid grounds to win a legal case.

Customer:

Thank you very much for helping me take a decision on the next step.

Ben Jones :

you are welcome, all the best

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