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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I WAS MADE REDUNDANT ON 31/10/2015 AND RECEIVED MY

Resolved Question:

I WAS MADE REDUNDANT ON 31/10/2015 AND RECEIVED MY REDUNDANCY PACKAGE VIA SETTLEMENT AGREEMENT I SIGNED HOWEVER THERE WAS ALSO A COMPLETION BONUS PAYABLE TO ME VIA DEED I SIGNED - MY EMPLOYER IS REFUSING TO PAY THIS SAYING BECAUSE I HAVE SIGNED THE SETTLEMENT AGREEMENT - I DO NOT HAVE ANY MORE CLAIMS AGAINST COMPANY
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello was the bonus included in the settlement agreement?
Customer: replied 1 year ago.
NO
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. The issue you may face here is that the settlement agreement usually compromises all claims you may have against the employer arising out of your employment with them. There are a couple of exceptions such as claims relating to pensions and personal injury but anything else would usually be covered. It is nevertheless important to check the agreement to see whether it compromised all claims you had against the employer. If that was the case, then unfortunately the bonus will be included in this and you would no longer be able to go aft it. What should have happened is that the bonus should have been specifically included as part of the payment. If it was not and the agreement compromised all claims against his employer, then you would lose the right to claim it. Your only potential way to pursue this would then be in the event that the solicitor advising you on the agreement negligently failed to take this into account, although they should have been aware of the bonus existence in the first place for that to happen.This is your basic legal position. I have more detailed advice for you in terms of the options you have if it appears there was negligence by the legal adviser, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Hi Ben, I have been explained my legal position in details by your colleague Jenny last night during my telephone conversation with her which doesn't sound very promising and i am most likely the loser of £45k Bonus. What my question to you is - like anything in life - every problem has solution in life - Isnt there any provision in Law to protect Employee like me in the given circumstances?? If not then I will have to close the matter and forget it all. Await your reply, Thanks
Expert:  Ben Jones replied 1 year ago.
Hi, not everything has a solution I'm afraid, especially when it comes to law. What you will find in law is that eventually you will come to an end where you may not get the outcome you were hoping for - there can only be one winner in law and in this case it is more likely to be the employer. My colleague may have explained this to you and tried to do this earlier - a settlement agreement settles ALL claims you may have arising out of your employment relationship with them. There are two exceptions in law - the claims relating to pensions and personal injury but apart from these it can settle everything else so if no specific provision was made in the agreement for payment of the bonus, it would be lost with the signing of the agreement. As mentioned the only way to challenge this is if you were given negligent advice by the solicitor advising you on the agreement, let's say they knew about the bonus being due but they negligently failed to include it in the agreement and you lost out as a result.