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Breach of contract? help needed
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Posts: 98 Forumite
Hi
My boss has been made redundant/sacked not sure, when I took my new position my boss and I agreed a salary less than my usual with a lucrative bonus scheme outside the company norm but with the blessing of higher authority.
I fulfilled all the requirements as set out in a letter to me from my boss but now the company is not willing to pay the amount set out. I feel conned as i worked hard to achieve these results putting in a lot of hours of my own time outside of working hours.
I am a senior manager within this company and i am not a banker :rotfl:
Are the company in breach of contract?
My boss has been made redundant/sacked not sure, when I took my new position my boss and I agreed a salary less than my usual with a lucrative bonus scheme outside the company norm but with the blessing of higher authority.
I fulfilled all the requirements as set out in a letter to me from my boss but now the company is not willing to pay the amount set out. I feel conned as i worked hard to achieve these results putting in a lot of hours of my own time outside of working hours.
I am a senior manager within this company and i am not a banker :rotfl:
Are the company in breach of contract?
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Comments
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Was the renumeration package in writing and agreed by all parties e.g. a formal contract? If it was, then it sounds like a breach of contract to me.0
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choc_mouse wrote: »Was the renumeration package in writing and agreed by all parties e.g. a formal contract? If it was, then it sounds like a breach of contract to me.
Hi Thanks for the reply.
I agreed to my salary which was on my contract of employment then i got a letter off my boss with the bonus scheme and package listed, also the MD confirmed this on a visit. All criteria met
The issue is that i took a slightly less salary knowing full well that this bonus was going to exceed me salary that I wanted.0 -
If it's in writing from the employer and you've satisfied all the requirements to receive the bonus then I would take that as breach of contract.
The only thing I can think of is if there was a clause somewhere in the company policy that says bonus's are dependant on company's success, not just your own or something along those lines.0 -
choc_mouse wrote: »The only thing I can think of is if there was a clause somewhere in the company policy that says bonus's are dependant on company's success, not just your own or something along those lines.
Again thanks for the reply
There is no clause this was specifically for the job i do and the area i control, top and bottm of it was that it was a failing part of the company so was out of the remit of the normal bonus system so i was informed.
Thanks0 -
If you haven't already, you could arrange a meeting with your boss to discuss it.
Another thing is to put your case to them in writing, listing each "target" that was agreed and how you have achieved it, to explain your entitlement to the bonus. Ask that they put their reply in writing and go from there (perhaps legal action).0 -
You would need to clarify whether your role has been made redundant or you have been dismissed for some other reason. if you have been in their employ over a year you are entitled to request written reasons for dismissal. it may be that you have a claim for unfair dismissal if the correct procedure was not followed. This could be in addition to wrongful dismisal. As choc_mouse suggests, prepare a document setting out what you have achieved against your target and take it from there.0
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The_Money_Saver wrote: »You would need to clarify whether your role has been made redundant or you have been dismissed for some other reason. if you have been in their employ over a year you are entitled to request written reasons for dismissal. it may be that you have a claim for unfair dismissal if the correct procedure was not followed. This could be in addition to wrongful dismisal. As choc_mouse suggests, prepare a document setting out what you have achieved against your target and take it from there.
hi thanks for the reply iam still employed its my boss you has gone whom set all the terms and conditions out but hes not there to back it up although i have it in writing0
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