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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I worked company until April last year when

Resolved Question:

Hello,
I worked for a company until April last year when they made me redundant. I was working in a sales role and part of this included comission and a year end bonus based on the overall profit raised by the branch at which I was based.
I asked for the share based on teh profit the branch had earned up to the end of my employment but the company advised that as I was not employed by the company when the bonus was due to be paid (November) and there was no allowance for part payments that I would not get anything.
My contract does not state I have to be employed when the annual bonus is paid, it also does not stipulate that no part payments could be made.
Am I entitled to anything
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** am an employment lawyer and I am happy to help you today. Please can you tell me the wording of the bonus clause in your contract?
Customer: replied 1 year ago.
HI Jenny,The detail is not actually covered in my contract it was in the offer letter. This only states "you will receive an annual 7.5% branch profit bonus plus 2% commission on new business"
Expert:  taratill replied 1 year ago.
In that case contractually you can argue you are entitled to receive a bonus in respect of the proportion of the year that you worked there. If they fail to pay you can bring claim in breach of contract in the county court. You will need to send a letter before action giving them 14 days to pay you prior to lodging a claim which you can do online at www.moneyclaim.gov.ukIf you have any further questions 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.
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know?
Customer: replied 1 year ago.
HI Jenny,Thanks for your help. Could you tell me is this subjective based on the opinion of the judge on the day or with the above as the only statement, would this be fairly clear cut? Also if I am pursuing them for a claim which I filed last year and has been scheduled for a court date in August does this have any impact or do they view as just two separate issues.
Expert:  taratill replied 1 year ago.
They will look at the contract and adopt a common sense approach. As it does not say you are not entitled if you leave they will be likely to judge that you are entitled to it. They are likely to view as 2 separate issues but you may want to ask for permission to join them for the sake of convenience and clarity.
Customer: replied 1 year ago.
The only reason I did not want to combine them is it would take the total value over £10,000. Would this limit still apply?
Expert:  taratill replied 1 year ago.
Hello do let me know if you have any further questions , otherwise I would be grateful if you would take the time to rate my answer as I am not otherwise paid for the time I have spent answering your question. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Sorry the posts have crossed. In that case do not ask them to be combined.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help.
Expert:  taratill replied 1 year ago.
No problem all the best.

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