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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47374
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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After working company year the role was far more

Resolved Question:

After working company year the role was far more demanding than described to me originally and whilst this wasn't a problem I demanded a salary review.
Upon the review I was told my bonus would be upped from 3k to 5k however I was not told at the time what I would have to do to achieve this. At a belated yearly review where I was sat in a restaurant with my director over lunch he told me 50% of my bonus would be if I achieve a target GP (this has been achieved and paid without question) and the rest would be made up of 10% of what I beat forecasted sales by. In other words I'd need to beat my sales figures by £25k over the course of a year. Bonuses are paid 6 monthly so I am due my first bonus via this scheme now. This was not written down at the time or amended into my contract. Yesterday my director suggests that I send some additional stock figures t accounts as this will massively affect the profit and thus my bonus. I am confused by this and question him on it and he "reiterates" that they need to work out the profitability of the business as my bonus is 10% of Profit above forecast. Obviously Sales figures and profit are 2 massively different things and my director admits there is a chance he got it wrong when he told me.
Is there anything I can do as I feel completely screwed over at the moment?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Are the bonus criteria laid down anywhere in writing?

Please note I am in tribunal today so may not be able to respond immediately but will do so this afternoon asap, thanks

Customer:

, no the bonus criteria was not written everywhere, it was all explained verbally to me

Customer:

*Anywhere not everywhere

Ben Jones :

Thanks patience. The key here would be what was agreed at the time with your employer and if you had then gone on to work on that basis and generate sales, etc in order to try and achieve the bonus in question. So if you were promised a specific bonus, based on specific criteria, then used that to increase your performance and to try and generate the bonus in question, then there would be an implied duty employer to satisfy the bonus, even if they got the criteria wrong in the first place.

In terms of pursuing this further you have a couple of options:



  • First you could try and deal with this informally with your manager or the people responsible with this

  • If informal discussions do not appear to help then you can raise a formal grievance

  • If the grievance does not work either then usually you could consider resigning and making a claim dismissal however you need 2 years’ service to do so, hence it is not available to you. Therefore, the only thing you can do is to make a claim of contract in the county court by arguing that the employer has not honoured their contractual obligations which were agreed when the bonus discussions took place (it is not necessary to have been in writing or incorporated into your contract as a contract can also have verbal form).


Just note that however you decide to take this further, you are not protected against unfair dismissal until you have 2 years’ service with the employer. This means they can easily dismiss you if they see you as a problem over this matter and you can’t challenge it. You could still pursue the money you believe you are due but it could cost you your job so bear that in mind.

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

Customer:

Yes this clarifies my position, thank you

Ben Jones :

you are welcome, all the best

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