Employment lawyers/experts - What would YOU do?

[2point4kids]

I just want to know really if DH has a case here for a tribunal and if its worth pursuing??
Please help, so worried and confused!

I have posted about this issue before (so sorry to keep going on!!!)
Today Dh company has come up with a final offer and we are deciding whether to accept the (rubbish imo) offer or if there is a good case for a tribunal.

I'm really sorry for mentioning amounts, but its hard to explain without...

Basically DH contract states bonus payable quarterly of £30k a year. He started working there the end of last year, so is owed 3 quarters of bonus already, soon to be a full year owed. Has been chasing the bonus since April and it has got to the point where he is about to raise a formal grievance with the company with a view to a tribunal taking place.
The bonus is contingent on personal and financial objectives to be set by the company. The company never set any objectives despite being chased by Dh and DH setting some of his own objectives.

The company have come up with a final offer today to prevent the grievance going ahead.

They have said that they have deducted the first quarters bonus amount as DH was on a probationary period for the first 3 months and therefore not eligible for bonus. (it says nothing supporting this in his contract and does not even mention the probabtionary period in relation to the bonus, only in relation to notice period. Also this is the first time it has been mentioned when DH started chasing for the money in April this year)
They are also only offering £10k 'advance' on the total amount payable, the remainder will be paid at the end of March.

So basically they are deducting £7.5k owed and will be paying £12.5k much later than agreed (well its all late, but they are with holding this amount till March when its owed now).
Also the total amount will now be contingent on objectives that they will be setting now. these objectives will all be financial relating to the total company and a project that DH is working on. No personal objectives will be used.

DH is woried about future bonus payments after March not being paid, these have not been mentioned going forward. Also worried about such a large amount being due in March as we are worried about non-payment or further delays based on past experience.
Another worry is what happens if the company does not reach the financial objectives that they set? Will the £10k 'advance' then have to be paid back?

Is it an offer worth accepting based on the situation outlined to avoid having to bring a tribunal?
If Dh does not accept it - does he have a good case for a tribunal do you think?
Considering the current job climate - would you accept this deal?

mmmm.

Well all the issues you mention being concerned about if he doesn't accept this offer are valid concerns.

However I wouldn't accept that offer.

-They have removed the first bonus entirely for no reason.

-They are calling an amount they say they will pay now an 'advance'. An 'advance' is money paid before it is due. This money is well overdue. It's not an advance.

-They are trying to make bonus already owed contingent on objectives yet to be set. Objectives should now be set, but those objectives should decide whether/how much bonus your DH gets relating to the period the objectives are set for. If they are saying his bonus already owed is now contingent on objectives he must achieve over the next few months, what about the contractual bonus that will be owed for those future months? Will he get double? I doubt it.

I wouldn't accept it. He could go back with a counter-offer, to drop the grievance and tribunal claim. You could work out a figure you might be happy to accept for past monies owed, and a condition should be that it is not called an advance, is payable immediately, and objectives must be agreed by x date so that everyone is clear what your DH must achieve in order to be eligible for his next quarter's bonus. They might then set horrendous targets, but I think that's better than what's being offered at the moment, and hopefully he'll find a new job fairly soon anyway.

Thank you, yes we had thought it was a bad offer and were leaning towards saying no and taking our chances with the tribunal. I think we will definitely do that now after discussing it more tonight.

You have summed up our concerns well in the 3 points you mention!

DH will finalise the formal grievance letter tonight to set the process in motion tomorrow morning.

I have spoken to acas about it and they put me onto some people called community legal advice. We have to call them back tomorrow and they said they will help us if we pass the means tested thing they use. I'm not sure we'll be eligible for their help as we are not on a very low income, so I wondered if you knew of any employment solicitor in London (City) that we could call to take on the case if and when it goes to tribunal?
I have tried googling but all the lawyers that comeup seem to be big guns that dont take on individual clients, only big companies!

Chambers do research and directories on the legal profession. You can search for rankings based on area of law and location. The link I've just posted is the result of a search on Employment, these firms are all ones ranked highly for acting on behalf of the claimant rather than the respondent - ie individiuals and unions rather than employers.