Got fired !!!

[Touched_by_Insanity]

OK so after closing my own Company and taking a small amount of time to rebuild I decide to go and work for someone else.

I am offered in February a position, basic salary plus bonus.. my target is set at £90k personal invoicing, I hit this in august but then they tell me the new year starts May, so I continue going and last week I hit £92300.00 invoicing, after £90k I get 10% of all invoicing for all clients and a further 20% for all new clients generated by myself, I just get my first client and will start working with them in the next few weeks, so come the end of the year im looking at a £15-£20k bonus....so I thought....until Friday my contract is terminated!!! No explanation, they say they are not legally required to give one.

I know there is nothing wrong with my work, had no warnings and done nothing wrong except highlight a few anomalies with the accounts.

So my question is.... am I entitled to a pro rata bonus? ie do they owe me £3750.00 bonus given that for 7 months my target was £52500.00

Input would be nice thank you...oh and if anyone has any jobs I am on the market for a new Job lol

 

[sjbeale]

It does all come down to how the contract is worded. If the company have not abided by the terms you may be able to make a claim in an employment tribunal for the monies owed. I would be happy to assist with this - please email [email protected]

 

[PromoAde]

Have you read through your contract? All your rights should be in there, and they really should be specific about which part of your contract you have broken. It sounds like unfair dismissal to me so I would get on their case. Getting some free advice from citizens advice would be my be first step.

 

[Richie N]

Definitely depends on your contract, however you could speak to ACAS www.acas.org.uk

 

[Touched_by_Insanity]

I had a look at ACAS but it indicates under 12 months you have no rights

 

[Touched_by_Insanity]

The wording on my contract states.... in addition to your basic salary you will receive a bonus of £250.00 for every £2500.00 over your target of £90,000.00.

 

[Jenni384]

The wording on my contract states.... in addition to your basic salary you will receive a bonus of £250.00 for every £2500.00 over your target of £90,000.00.

If that's all it says, with no other clauses that affect it, then I would say they owe you the bonus.

I am not a lawyer though.

 

[Jenni384]

Also, you don't have no rights under 12 months, you just have fewer rights than someone who has been there longer (in that it's easy to get rid of an employee within the first 12 months for nearly any reason).

If you have a contract, then they still need to abide by the terms of the contract.

 

[jules12345]

Whats the notice period on/in your contract ?

Regards
Jules

 

[jules12345]

I had a look at ACAS but it indicates under 12 months you have no rights

Do you believe this...?

Regards
Jules

 

[Touched_by_Insanity]

Here is what it says about duration of employment....

If you wish to terminate your employment you must give the company 4 weeks prior written notice. Subject to the Company's right to terminate without notice (or payment in lieu of notice) in cases of gross misconduct or other serious breach (including your ceasing to be entitled to work in the UK, if the Company wishes to terminate your employment your employment you will be given 1 week during the first four years of your employment and then an additional weeks notice for each additional complete year of service up to a maximum of 12 weeks.


The close bracket is missing in the contract and not a typo lol

The other problem is this is a leading Law firm, the Director or which thinks nothing of spending £1000s to just get one over on someone or irritate

 

[jules12345]

By S.97(2) ERA 1996 the "EDT (effective date of termination)" is extended by the S.86 stat minimum period of notice - deeming the 52 week mandatory service requirement for unfair dismissal to be actually 51 weeks service, after which an employee may claim an unfair dismissal if all the criteria are applicable.

Unfortunately it is not applicable to a contractual notice period however for some reason, i dont know why to be honest as it would seem logical to apply the contractual notice period by which the EDT may be extended..!

Just an opinion however, common law if one is to determine that stat notice could be conceivably common law is not contract law, and as such never the twain should IMHO meet..!

If an employer is to use common law then they do so; if they are to use contract law then they do so accordingly, and as such they shouldn't be allowed to choose the best option.

In writing an employment contract it would be plausible to include a clause that activates contractual notice periods after the 12 month stat requirement of the 'common law' - if you sign it you sign it and so be it..!

At first glance this may seem crazy, but it would encourage emplyees to have their employment contracts looked over by sols BEFORE signing it, and thus allowing employees to better barter more fair terms.

Regards
Jules

 

[Touched_by_Insanity]

So they can just fire a person within 51 weeks.

How do I stand with the pro rata bonus?

 

[Employment Law Clinic]

if the Company wishes to terminate your employment your employment you will be given 1 week during the first four years of your employment and then an additional weeks notice for each additional complete year of service up to a maximum of 12 weeks.

As this doesn't meet the statutory minimum notice terms, I would hope the director didn't spend £1000s getting the contract written.


Bonuses are often paid annually, requiring you to still be in employment at the time. Whether there are flaws in the contract that mean you could get the bonus will depend on more than the extract you posted earlier, as this gives no indication of when or how this will be paid.



Karl Limpert

 

[jules12345]

A defence to a contractual notice period breach by an employee, maybe in effect, and where an employee was not granted a time span to have their employment contract looked over before signing, that of duress, but this also is only an opinion..!

Motto of the day - Employees it is your brain that they are wanting to employ not they'res..!

Regards
Jules

 

[Chris Ashdown]

You did not reach the amount of £2500 over the £90,000 so would assume they have no reason to pay it and definatly based upon what you mentioned no mention of pro rata payment

Sorry but thats how I read it

 

[Touched_by_Insanity]

Good Lord, I think I am a pretty intelligent person however, none of this makes any sense to me.... everything is written so

Ok I understand then I am not going to get a pro rata bonus *Sigh*

As for being fired, it was a vile place so I am not exactly devastated, but.... if I can argue something with them I will just because they have treated a number of people horrendously over the past 8 months and appear to do what they want when they want....and no one ever fights them!!

I just realised I forgot to say they have paid me for this week ...so im guessing they are squeaky clean

 

[Chris Ashdown]

What field was your sales in £90,000 since Feb as a cold start seems impressive

Take your contract to the CAB and ask their advice they may give a more professional interpretation than a layman

 

[jules12345]

The meaning of wages is defined in s.27 of ERA and includes any fee,bonus, commission ,holiday pay etc and whether payable under the contract or otherwise.

Remedies for unlawful deductions of wages and by ERA 1996, s.23 is by making a claim to the ET which must be done within 3 months of the breach.

Damages may also be payable for overdraft charges etc accrued due to the non payment of the owed monies...!

Regards
Jules

 

[Touched_by_Insanity]

£90'000 was from May as they advised in August I couldn't claim bonus as it ran from new yr starting in may not from when I started, I had done well over £90k, my salary was a low basic but the bonus structure brought it in line with what I would have got for my experience elsewhere.

To compare the guy I replaced invoiced £52000.00 in the 12 months before, I believe they thought the target they set was unachievable so they got an experienced draftsmen for a knock down price, what they didn't cater for was the fact I ran a successful drafting firm for ten years prior and not only knew my job but could do it well enough to earn a nice income.

What I didn't cater for was the fact they didn't want to pay the extra 10% global and additional 25% on my own clients... but surely 65% of something is better than 100% of nothing?

 

[OldWelshGuy]

Paying you a chunk more scared the bejezuz out of them, as it would rock their otherwise stable world.

have to ask, though, if your company was successful, and you are successful at selling, why are you employed and not self employed? Surely you just need to buy in whatever experties that was missing, and you will be flying?

 

[GreatSEO]

Great answer above - put your energy into setting up yourself and getting your own company moving.

Dave

 

[Touched_by_Insanity]

I was a legal Costs draftsmen, my expertise is in industrial disease and Personal Injury and from next year the Jackson reforms come into play and there will be little use for my services as a draftsmen and negotiator.

I could restart now but not so sure I want to stay in the legal environment for the short amount of time remaining and looking for something a bit more appetising .

I need to find something I can set up in sales as it is the negotiation side of the role that really floats my boat and working for myself.

 

[jules12345]

The meaning of wages is defined in s.27 of ERA and includes any fee,bonus, commission ,holiday pay etc and whether payable under the contract or otherwise.

Remedies for unlawful deductions of wages and by ERA 1996, s.23 is by making a claim to the ET which must be done within 3 months of the breach.

Damages may also be payable for overdraft charges etc accrued due to the non payment of the owed monies...!

Regards
Jules

Cough Cough ^^^^

TY

we want medals - we want medals - we want medals..!
Regards
Jules

 

OK so after closing my own Company and taking a small amount of time to rebuild I decide to go and work for someone else.

I am offered in February a position, basic salary plus bonus.. my target is set at £90k personal invoicing, I hit this in august but then they tell me the new year starts May, so I continue going and last week I hit £92300.00 invoicing, after £90k I get 10% of all invoicing for all clients and a further 20% for all new clients generated by myself, I just get my first client and will start working with them in the next few weeks, so come the end of the year im looking at a £15-£20k bonus....so I thought....until Friday my contract is terminated!!! No explanation, they say they are not legally required to give one.

I know there is nothing wrong with my work, had no warnings and done nothing wrong except highlight a few anomalies with the accounts.

So my question is.... am I entitled to a pro rata bonus? ie do they owe me £3750.00 bonus given that for 7 months my target was £52500.00

Input would be nice thank you...oh and if anyone has any jobs I am on the market for a new Job lol

On this case I would take them down a dark alley and explain the facts of life to them.

Fact that you could not reach the target set of 90 is no fault of yours.

Hence they know they owe you money so get it.

Earl

 

[internetspaceships]

I guess it depends on how your contract was worded however I must state that in principle and notwithstanding the wording, I'm with Earl on this one completely.

 

[Websitehandyman]

I'm no lawyer but often you don't have to be if you understand nothing in law is fact till prove in a court of law. So on that basis your contract means nothing if it doesn't stand up to that process. And all contracts have to be seen as fair to both parties, not on paper but during the process of law.

What I'm saying is if you feel aggrieved then make a nuisance of yourself and don't just take it. Send letters outlining how you feel and state what you expect from them. Keep on sending those letters and even address them to the CEO if need be.

Just because your contract may seem you don't have a chance that does not mean you can't take them to court. Sure you don't want that expense but they might not want that expense in time or publicity.

May not get anywhere but then again it would be petty cash, it seems to me, for them to agree severance of a grand or so.

 

[jules12345]

I'm no lawyer but often you don't have to be if you understand nothing in law is fact till prove in a court of law.
.

What about if you admit to the cops your guilty of an offence you have been arrested for and get a fine instead of going to court and pay it that fine.

Regards
Jules