Hi

Quite an involved one.

I have been made redundant by Nortel Ltd. The company is in administration, I have become an unsecured creditor for my notice and severance payments so will proably recieve nothing.

There a a raft of issues around the behaviour of the administrators but that has been covered elsewhere.

I worked for Nortel in a sales role continuously for 12 years. I always earned between 85% and about 115% of my variable pay.

This year I took on a new sales role and was offered a commission plan that I considered unachievable, and indeed in the first six months I earned no commission whatsoever. As a result I did not sign the plan document.

Others made redundant in March in the same situation were awarded 100% of their variable pay.

So now that I have been made redundant I am looking for the same treatment i.e to be paid 100% of my variable pay as the plan was not agreed by myself.

Where do I stand? Does the precedent of many years on dependable achievement mean a tribunial would rule in my favour? Does the precedent of others being paid 100% help?

The companies view is that those let go in March had insufficient time to resolve the plan which was not issued until late February, whereas I have had three months to do so and have not.

My view is that I have suggested amendments that wer rejected out of hand ( I have the e-mails).

Any ideas? Can I win here or do I have to put it down to experience?

Thanks in advance.

John