help please. Ccj disiplinary

[Conavar1903]

I started working for a small insurance brokers in 2003 which was owned by two individuals.
After working with them for a number of years (4) I was given a letter stating that if the company was ever sold I would be entitled to 1% of the net sale value subject to me still being employed and not being subject to any disciplinary action. This was given as a reward for hard work and commitment to stop me moving to rival companies.


The company is just about to be sold to a huge multi national broker. As part of this process all employees have to fill in a fit and proper form which asks detailed questions surrounding personal financial information. I have completed this form, disclosing 2 historic ccjs. The new company are fine with this and the ccjs are being paid off monthly ( they are the result of a messy divorce).


My existing contract with my current employers didn't contain a fit and proper question but did have a duty of disclosure paragraph that says staff must inform the employer of any financial issues the employee suffers, including but not limited to ccjs.


As soon as I completed the fit and proper form for my new employer I informed my current employers about my ccjs. My current employers conducted an investigation and have given me a first written warning for not disclosing them. They said they explored the possibility of taking no action but their legal team advised them against it.


I am worried they will now withhold my payment following the company sale. This is a substantial amount (around £100,000).


If they do so do I have any legal recourse to try and get them to pay. I have had no other disciplinary issues during my employment.

Thanks for any advice in advance.

[matt3942]

Re: help please. Ccj disiplinary

Hi [MENTION=68746]Conavar1903[/MENTION] - welcome to the forum.

The duty of disclosure you referred to is a fairly common express term in employment contracts in the financial services sector.

I'm curious as to why you didn't disclose the CCJs to your employer when they were issued (or when your employment started)?

From the information you've provided it seems to me the written warning is fair. If the terms of your entitlement are as you've said (i.e. "...not being subject to any disciplinary action") then the employer may withhold your payment resulting from the business sale and you won't have any legal recourse. It won't matter that you haven't been subject to disciplinary action previously - you only need one to invalidate your entitlement.

- Matt

[teaboy2]

Re: help please. Ccj disiplinary

Am afraid am in complete agreement with [MENTION=67649]matt3942[/MENTION].

You failed to disclose the CCJ's when you started employment or when you first became aware of them, they rightly had grounds to discipline you, and did to their credit state they looked at not taking any action, but from a legal aspect they have obligations to meet too, so they had no choice really.

Your best bet would be to have an informal chat with them about the 1% share, as the term is discretionary (as to whether they pay you or not given disciplinary) and given the circumstances they may still pay you your 1% regardless of the disciplinary.