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I recently handed in my notice and today is the final day of that notice period, I have had to chase my employer up on everything and his responses lack clarity as he has taken it very personally. as part of my contract I am entitled to a profit share, which I had thought would have been a percentage of the final years profits for the period that I have worked.*
The contract sections that have relevance are as follows.*
4.1 - Your basic salary for the next 12 months is £xxx per annum which shall accrue from day to day and be payable monthly in arrears on or around the 15th of each month directly into your bank account, in addition a profit share bonus of 10% will be paid on the first £100k profit, 5% on the second £100,000 and 3% thereafter will be paid on the net profits, once the annual accounts year ending 31st March have been approved.*
Then there is a further clause further down which is standard in everyone's contract for discretionary bonuses.As I am the only one who receives the above.*
9.- Bonus*
9.1 - The company may in its absolute discrection pay the employee a bonus of such amount, at such intervals and subject to such conditions as the company may in its absolute discretion determine from time to time.
9.2 - Not Withstanding clause 9.1 the employee shall in any event have no right to a bonus or a time apportioned bonus if:
a - He has not been employed throughout the whole of the revelant financial year of the company or*
b - His employment terminates for any reason or he is under notice of termination at or prior to the date when a bonus might otherwise been payable.*
The question is do I have any rights here or should I just forget the bonus.*
The next question is that I have requested on 6 occasions a written reference from him that I can send with my CV for many jobs that I look to apply for on each occasion he has come back to me and just stated " I will respond to any reference requests as and when any future employer asks for one" To add context to this I have never had a disciplinary in the entire 5 years that I have worked for the business, so there should be no need for him not wanting to assist with this. I want to know if he has to supply a written reference if I am asking for one to send with applications, or is he within his rights not to provide this.*
The final question is that he has been claiming furlough from the government while still asking me to work full time, I keep asking for the date he started the claim and he keeps avoiding the question. Do I have any legal responsibility to report him for this form of tax evasion and if I was aware of other forms of tax evasion and fraud would I legally be liable in anyway if I didn't report him for that as well.*
I know there's a lot of questions, but I would appreciate anyone's help with this.*
Many thanks :-)*
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The contract sections that have relevance are as follows.*
4.1 - Your basic salary for the next 12 months is £xxx per annum which shall accrue from day to day and be payable monthly in arrears on or around the 15th of each month directly into your bank account, in addition a profit share bonus of 10% will be paid on the first £100k profit, 5% on the second £100,000 and 3% thereafter will be paid on the net profits, once the annual accounts year ending 31st March have been approved.*
Then there is a further clause further down which is standard in everyone's contract for discretionary bonuses.As I am the only one who receives the above.*
9.- Bonus*
9.1 - The company may in its absolute discrection pay the employee a bonus of such amount, at such intervals and subject to such conditions as the company may in its absolute discretion determine from time to time.
9.2 - Not Withstanding clause 9.1 the employee shall in any event have no right to a bonus or a time apportioned bonus if:
a - He has not been employed throughout the whole of the revelant financial year of the company or*
b - His employment terminates for any reason or he is under notice of termination at or prior to the date when a bonus might otherwise been payable.*
The question is do I have any rights here or should I just forget the bonus.*
The next question is that I have requested on 6 occasions a written reference from him that I can send with my CV for many jobs that I look to apply for on each occasion he has come back to me and just stated " I will respond to any reference requests as and when any future employer asks for one" To add context to this I have never had a disciplinary in the entire 5 years that I have worked for the business, so there should be no need for him not wanting to assist with this. I want to know if he has to supply a written reference if I am asking for one to send with applications, or is he within his rights not to provide this.*
The final question is that he has been claiming furlough from the government while still asking me to work full time, I keep asking for the date he started the claim and he keeps avoiding the question. Do I have any legal responsibility to report him for this form of tax evasion and if I was aware of other forms of tax evasion and fraud would I legally be liable in anyway if I didn't report him for that as well.*
I know there's a lot of questions, but I would appreciate anyone's help with this.*
Many thanks :-)*
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