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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Have worked same employer

Resolved Question:

Hi,
My name is Angela – have worked for the same employer for 8 years and am in the process of being made redundant.
My invitation letter, when I was hired said the below:
"Basic Salary: £32000 pa payable monthly
Bonus: As a project coordenator you are able to directly influence the growth...you will therefore be entitled to join the company bonus plan. The plan will be based on both business performance and personal objectives set during 2007 FY
The 2007 bonus plan provides you an opportunity to earn an additional £3000 pa based on achievement. the T&Cs of this plan will be provided under separate cover.
This represents a potential OTB compensation package including base salary of £25000pa"
Objectives were never set and these bonus were never paid to me.
The company was acquired twice since I joined and with every one of the HR representatives I raised this issue, but no one gave me an answer.
Am I still entitled to this money?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When was this money actually due to be paid?
Customer: replied 1 year ago.

It was due every year (end of FY)

Expert:  Ben Jones replied 1 year ago.
The issue with pursuing it now is that the objectives were never set so you would not have known what you were working towards. As such you cannot state that you have achieved the objectives and should be due a bonus. Also by not having been awarded any bonus and you carrying on to work on this basis, it is likely that you have implied your acceptance to the situation as it currently stands. I know you have raised this a few times but you have still not indicated your unwillingness to work under these amended conditions. The proper way would have been to state to the employer that you are working under protest, that you do not accept the changes to your conditions (i.e. no bonus payment) and pursued it formally such as by raising a grievance and then considering the legal route such as breach of contract claim or constructive dismissal. However, none of this happened and you continued to work under the current conditions which were no bonus being payable and after so many years in this position it is very likely that you would have given an implied acceptance of your current position. In effect your contract would have been amended t reflect the fact that no bonus was payable. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.

Chances of winning this by taking it to a tribunal are slim or next to none?

Expert:  Ben Jones replied 1 year ago.
Rather slim, obviously there is always a small chance but the tribunal/court would look at what has happened over these years and there is no evidence that you have formally rejected to accept the changed position and have just carried on working under the current position, implying your acceptance to it
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