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Resignation - Employment LAw help?


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Hi,

 

I resigned from a company back in April 06, I was contractualy entered into a bonus scheme with the company, the company met all targets, and my appraisal was approved and although my target of 85% utilisation was not met (only 80.36%) due to waiting around for security clearance, instead of the 20% due, i received nothing, the reason I believe i received nothing is that I had handed my resignation in that month.

 

I am due to file a county court claim for discrimination on the grounds that i submiotted my resignation. can anyone help with any other points of law ?

 

I will go for disclosure of anyone else who has not met the utilisation fiigures who received a bonus....

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when you say you are suing for discrimination, what exactly are they discriminating against?

 

What did your contract say about bonuses and when they fell due or not as the case may be? If it set a target and you never met it then they will point to that surely?

 

If the failure to meet the target was their fault then you would have to provide some evidence to that effect.

 

Unless they have broken the terms of your contract or there is a bit of law they have broken then not paying you the bonus may not in fact be discriminatory i think.

 

It might be they broke your terms and conditons and thats breach of contract.

 

When you say go for disclosure, you need to have a case and evidence to bring a claim. Disclosure is only normal for claims in fast track and above i believe so its unlikley a court would force disclosure until you had submitted a claim with some evidence.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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not to sure on this point of discrimination.

 

think it may be on breach of contract. but really wanted to lay down some points of law in the summons.

 

the evidence that I have is circumstantial, but if I can prove that they paid these bonuses to others who never met the utilisation figure, coupled with the fact that circustances beyond my control led to me not meeting this target and that it coincides with my resignation then the probability of doubt, sureley weighs in my favour.

 

the bonus equates to 9K

 

thanks Glenn for your thoughts....

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not to sure on this point of discrimination.

 

think it may be on breach of contract. but really wanted to lay down some points of law in the summons.You need to refer specifically to the terms in your contract they have broken. Do you have a copy of your contract wghere it discusses the bonus scheme and how its applied?

 

the evidence that I have is circumstantial,In other words right now you dont have any actual evidence then? but if I can prove that they paid these bonuses to others who never met the utilisation figure, that would be good if you could but the judge wont force them to disclose anything unless you have a case first. Do you know, even if its third hand of anyne who was paid without having met thier targets? coupled with the fact that circustances beyond my control led to me not meeting this target you need to be able to show that the company prevented you form meeting the terms of your contract, and that they therefore stopped you from earning your bonus, not sure even then if you have a claim and that it coincides with my resignation then the probability of doubt, sureley weighs in my favour.as the claimant the onus is always on your to prove your case on the balance of probabilities. regardless of what you may know or think, you need some evidence to put before the courts.

 

the bonus equates to 9K

 

thanks Glenn for your thoughts....

 

Sorry if this isnt helpful, but it seems to me that the first thing is to determine if they have broken your contract,

 

Im no expert on contract law but it sounds to me as if you may feel you have been wronged and could be right, however, getting a case together is not about knowing you have been wronged, its about putting evidence before the courts.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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