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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47623
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm looking for an expert opinion on my employment contract.

Resolved Question:

I'm looking for an expert opinion on my employment contract. Basically I have handed in my notice and I think my contract entitles me to bonus payments up until the point that I leave. In my previous company this was not the case, so I want to be sure that I've understood my contract correctly.
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long have you worked there for and are there any conditions in relation to length of service before the bonus is paid?

Expert:  Ben Jones replied 9 months ago.

Can you please upload the relevant clauses so I can take a look?

Expert:  Ben Jones replied 9 months ago.

Hello, not sure if you saw my initial queries above - How long have you worked there for and can you please upload the relevant clauses so I can take a look?

Customer: replied 8 months ago.
Hi BenSorry for the slow response. The website didn't give the option to reply, the support desk have fixed the problem.I've attached the contract, it's actually my partners contract. He has been with the company almost two years.Kind regardsDarren
Expert:  Ben Jones replied 8 months ago.

Thank you. The contract mentions the bonus is paid on terms set each financial year - are there any other terms outside of the contract which deal with the bonus?

Customer: replied 8 months ago.
there are five KPIs related to company performance. But the are accrued quarterly. In Q1 the business hit all of the KPIs, Q2 finishes at the end of December, we're currently on track for 4 of the 5 KPIs.
Expert:  Ben Jones replied 8 months ago.

Ok thank you. The relevant clause here would be 9.5. It says:

“In the event that the Employee leaves the employment of the Group at any time he shall continue to be entitled to the Bonus time apportioned up to the date of Termination unless his employment is validly terminated in accordance with clause 17, in which case he shall not be entitled to receive any Bonus for the Financial Year in which his employment is so terminated.”

It basically says that even if you leave, you would continue to be entitled to bonus payments calculated on a pro rata basis up to the date your employment terminates. There is nothing which says your bonus would not be payable at all should you leave their employment.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 8 months ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 stars above. I can still answer follow up questions after that if needed. Thank you

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Customer: replied 8 months ago.
Thanks. That's what I thought. I'm surprised the company would that though!
Expert:  Ben Jones replied 8 months ago.

Each employer chooses the terms they want to apply and some employers are fairer than others.

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