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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Unpaid bonus...
 Unpaid bonus
 
Kate_Atkinson
99 posts
Joined
1/4/2006

Unpaid bonus
Posted: 30 Jan 07 11:08 AM

This week buddy was asked: if an employee who is still employed by their employer wants to bring a claim for an unquantified unpaid bonus, which would be the correct court to claim in?

Sarah_Ireland
38 posts
www.employmentbuddy.com
Joined
10/2/2006

Re: Unpaid bonus
Posted: 05 Feb 07 11:55 AM Modified By Kate_Atkinson  on 2/12/2007 1:22:29 PM)

Buddy says: Where an amount in dispute cannot be quantified, the claim should be brought as a breach of contract claim, either in the county court or, if the individual is no longer employed, in the employment tribunal.
 
Additional information:  
The Employment Rights Act gives employees the right not to suffer unlawful deductions from wages and sets out a wide definition of what constitutes wages.  There must be a legal obligation to make the payment, whether the bonus is payable under the contract, by custom and practice or the result of an ad hoc decision.  Employment tribunals have the jurisdiction to hear breach of contract claims brought by an employee against an employer, therefore an employee who has suffered an unlawful deduction from their wages may bring a claim to an employment tribunal (section 23(1), ERA 1996.  However the claim must arise or be outstanding on termination.
 
In the recent case of Coors Brewers Ltd v Adcock, the Court of Appeal held in that, while it is possible to bring claims for unlawful deductions from wages for specific unpaid sums or for sums that can be identified, where the amount in dispute cannot be quantified, as was the case here, the claim falls outside the scope of the Employment Rights Act 1996.  Hence it was held that the claim should be brought as a breach of contract claim, either in the county court, high court, or, if the individual is no longer employed, in the tribunal.  Remember the Tribunal’s jurisdiction is limited to £25,000.

 

  Discussions  Buddy's question time  Unpaid bonus...
 
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