FabSwingers.com > Forums > The Lounge > Legal Question
Legal Question
Jump to: Newest in thread
| |||
| |||
| |||
 | |||
| |||
| |||
| |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys" "eligible" means you could get it, not you will get it. If they have not commenced a bonus system, they have not denied your eligibility for such a scheme, when and if they implement one. Also, unfortunately, people forget that 0 is a number, meaning that "up to 10%" includes 0% . Understand totally what you are saying, morally you are quite right, legally, they will probably wipe the floor with you. Sorry. | |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys" are you happy in your job in general ? is it just the bonus thing that is pissing you off ? can you manage on your basic salary and is the bonus just becoming a bugbear to you ? have you discussed it with your line manager formally ? have you asked them to respond ? is there any precedent within the business of them deliberately not paying bonus to other employees ? is the bonus scheme realistic for others ? is it you that is having difficulty fulfilling targets ? see, now there are just a few questions off the top of my head hence why i think you probably need to seek some professional advice on this matter even if you don't take it to the legal stage, at least you will have the proper information on which way to proceed with your career within the business in general. | |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys" Hi chap I do believe everyone is entitled to a free 30 minute consultation with a solicitor, may have changed but as of last year it was the case. Speak to your citizens advice office and make an appointment, they'll be able to tell you more. Other than that speak to ACAS. Not sure if your company has broken any rules but better seeking legal advice rather than asking us lot lol, good luck. | |||
A lot of solicitors offer a free 1/2 hour consultation, whether that includes employment law not sure, if you're a member of a union they have legal assistance ...   | |||
| |||
| |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys" look at your ciontract, if there is a bonus inplace it will be contracted, or try acas | |||
| |||
"Thanks for some of the helpful responses guys. Just for some additional info, there were bonus schemes in place for other departments, but my department was a new one being formed. I am just trying to understand whether or not the company can legally put that in a contract, but then not put a scheme in place, without changing my contract. Afterall, if they would have said that they had decided to not have a bonus scheme, but we will change your contract and pay you an extra £1000 a year for example, then that would have cleared the matter up. And as for those who want to make silly comments. Really? Yes, I'm young, and I am asking for help, but you are how old and get your kicks for trying to make people look silly????? WOW, Ok then, takes all sorts to make the world go round I guess....... Thanks for the genuine help and responses though "To change your contract is something you will have been made aware of. A 90 day notice of change is the usual way I believe. Either way you should have been informed. Get proper legal advice though as my knowledge on employment law is a few year old i'm afraid. | |||
"And as for those who want to make silly comments. Really? Yes, I'm young, and I am asking for help, but you are how old and get your kicks for trying to make people look silly????? WOW, Ok then, takes all sorts to make the world go round I guess....... Thanks for the genuine help and responses though "And how else did us oldies get our knowledge, through asking | |||
"I have tried CAB, who said to try ACAS, who said to try CAB, and so on and so forth. I am going to hunt around for a local solictor and see if I can get a 30 minute initial consultation thing. I am no longer employed by the company, as I was made redundant, but yes, other departments were receiving their bonus fine. Please understand, I was not posting on here for legal advice. Just other peoples perception and opinion on what that statement meant." The citizens advice bureau now have solicitors available to you. You can go to the cab and they will give you an assessment and decide if a solicitor is the option for you. Good luck | |||
| |||
| |||
"I I am no longer employed by the company, as I was made redundant, but yes, other departments were receiving their bonus fine. " Now that just adds a whole new dimension and set of questions Can I ask what your motivation is for pursuing this ? If it is for devilment or because you feel let down by your former employer, it could work out quite a costly and not necessarily successful exercise for you. The fact you talk of 'departments' suggests they are a sizeable business and likely to be legally savvy and better armed to come out of this positively. That doesn't mean they are right in what they did or didn't do, just that they are likely to have thought about it before they did ! | |||
| |||
| |||
| |||
"You could try the citizens advice bureau..
A lot of solicitors offer a free 1/2 hour consultation, whether that includes employment law not sure, if you're a member of a union they have legal assistance ... "yes he should do and thay will tell him where to find what he is looking for . | |||
| |||
| |||
"I don't think I rolled my eyes and if you check you will see that I used a great big smiley because what I was saying was tongue in cheek. " Did i say you had rolled your eyes in this thread???? | |||
| |||
| |||
| |||
| |||
| |||
| |||
| |||
 | |||
"I am going to go to the CAB tomorrow, with my contract, and see what they say. Every time I ring them, they say speak to ACAS, and ACAS don't provide much help at all "That is your best course, speak to the experts. The company will have done before drawing up the contract.  | |||
 
Good luck... | |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys "eligible" means you could get it, not you will get it. If they have not commenced a bonus system, they have not denied your eligibility for such a scheme, when and if they implement one. Also, unfortunately, people forget that 0 is a number, meaning that "up to 10%" includes 0% . Understand totally what you are saying, morally you are quite right, legally, they will probably wipe the floor with you. Sorry." +1 It appears that the bonus is discretionary, rather than automatic, so there is no obligation to pay. The lack of a formal scheme does not mean that they will not pay one and / or are in breach of contract. If however, they pay others a bonus and using the same criteria that they were paid it, you should have got a bonus, you could construe yourself as having been treated unfairly, or as having been discriminated against. | |||
"I am trying to decide whether or not to persue this legally, but I thought I would ask other peoples opinions. Despite the usual of being lied too and treated differently because I asked questions etc, below is a statement that forms part of my contract. 'You will be eligible for a performance related bonus of up to 10% of your basic annual salary per annum' I understand that the payment of a bonus is discretionary, so if the company didn't have the money that month then they do NOT have to pay a bonus. However, the question I want to know the answer to is this....... If there was no method e.g. a bonus scheme, for me to make that bonus, is that a breach of contract?? It's a point I brought up all throughout my employment, and I was once accused of lying about it. There are many other factors and issues, including physical assault, but I think this is my strongest point. All thoughts and opinions welcome, Thanks guys" If the bonus is discretionary then does that not mean that the bonus does not have to be paid at all, and up to 10% could be 0% | |||
| |||
| |||
| |||
| |||
"I think the word 'eligible' is they key here. I'm 'eligible' to apply for a bank loan but am not gauranteed to get it. Could be wrong, there again I'm not a solicitor although I wish I was because I'd like a big wage and a posh car "This is true, but if there were no banks, how could you apply for a loan, let alone be able to get one?! And yes, I would like a posh car and big pay cheque too | |||
| |||
| |||
| |||
"Breach of promise is very difficult to prove in any area of law. An employer can change any term of your employment contract with only 12 weeks notice. There are always clauses and conditions to any bonus agreement, and the one that says "at the descretion of the management" covers all sorts of instances. Good luck mate" I think that the difference here is that from what the OP says they never changed his contract. I personally think that is where they fell down and also why he may (and it's a big may) have a case. | |||
"wow lots of posts in the time it take me to post that lol. ditto scoot, there are time limits in making a claim if thats what you wish to do. and yes, to make changes in a contract a notice period applies. however, contracts are not all about whats in writing; you can complete a contract by performance alone. ie, they ask you to do something and you do it, as long as it's a reasonable request and based on circumstances of course, your acceptance of it is given by your actually doing it - that constitutes a contract too. There are also legal implications made by yours and their actions that may also form part of your contract but that are not written down. It's complicated lol and I'm no expert, so definately seek proper legal advice from an employment law specialist. Most soliciors will give a free consultation. Good luck" you can only have a contract if there is consideration on both parts - if someone ask you to do something and you do it that is not a contract - you have to have something in return. Put everything you have in writing send it of to some no win no fee companies reserach them first and see if any deal with industrial disputes | |||
"Put everything you have in writing send it of to some no win no fee companies reserach them first and see if any deal with industrial disputes" No win no fee solicitors almost exclusively only deal with personal injury claims. | |||
"Put everything you have in writing send it of to some no win no fee companies reserach them first and see if any deal with industrial disputes No win no fee solicitors almost exclusively only deal with personal injury claims." the key word there is "almost" thats why I said do some research its suprising whats out there | |||
| |||
| |||
| |||
"wow lots of posts in the time it take me to post that lol. ditto scoot, there are time limits in making a claim if thats what you wish to do. and yes, to make changes in a contract a notice period applies. however, contracts are not all about whats in writing; you can complete a contract by performance alone. ie, they ask you to do something and you do it, as long as it's a reasonable request and based on circumstances of course, your acceptance of it is given by your actually doing it - that constitutes a contract too. There are also legal implications made by yours and their actions that may also form part of your contract but that are not written down. It's complicated lol and I'm no expert, so definately seek proper legal advice from an employment law specialist. Most soliciors will give a free consultation. Good luck you can only have a contract if there is consideration on both parts - if someone ask you to do something and you do it that is not a contract - you have to have something in return. Put everything you have in writing send it of to some no win no fee companies reserach them first and see if any deal with industrial disputes" Hi, yeah you're completely right I was trying to keep it simple is all, didn't think the OP would want a complete breakdown of all elements of a contract lol. I think the company's payment of a salary is consideration enough in this context, though like I said, I'm no expert, and agree with you and everyone else that he needs to seek proper legal advice. I was screwed over by an employer when I was 16 and didnt have the guts or knowledge to do anything about it, always regretted that!
Good luck OP. x | |||
| |||
and my international trade body wont help.
The long and short of it is I suppose is that I want what I believe is owed to me, and a little bit of justice, so I can close this chapter in my life and move on. | |||
| |||
| |||
"Have you thought of joining a Union if not in one already, as they would give you advice." I am always in favour of joining a Union and encourage those I work with to do so. However, OP was made redundant so may not be the thing to do at the moment. Also most Unions won't offer any profesional advice for a period of time (Unite was 3 months, for example) to stop people joining, getting help and then cancelling their membership once the help has been given. You are entitled to 30 minutes with a solicitor, go see one. Legal aid is no longer available for employment law cases now, though, so if they took it on it would be on a no win no fee, or a payment or percentage of settlement basis. If the solicitor thinks you have a case, they may still not take the case on, though, because there is a lot of work in employment tribunal and not a lot of money in it and the law costs a lot (which is one of the reasons why the Gov't stopped offering legal aid in employment law cases.....). Good luck. | |||
| |||
| |||
| |||
