What should I do if my employer refuses to pay my bonus?

What should I do if my employer refuses to pay my bonus?

If you have been dismissed without being paid the bonus or commission you think you are entitled to, you should take legal advice. It may well be possible to negotiate a settlement agreement with the employer, where they agree to pay you some or all of the amount you expect. Have a question or need some help? Call us today on 08082747557

Can a company refuse to pay a maternity bonus?

In Small and others v Boots Company Plc. and Another [2009] the EAT said that simply describing a bonus scheme as discretionary does not give the employer the right not to pay it. The Equality Act 2010 protects pregnant women and those on maternity leave when it comes to contractual pay and bonuses.

When to make a claim for a discretionary bonus?

If you want to make a claim for a bonus payment as an unauthorised deduction of wages, you should make sure that you know the exact amount of money you are claiming. If you are making a claim for a discretionary bonus that does not have a real formula for calculating the amount, you should make a breach of contract claim instead.

Why is land registry refusing to pay disabled employees bonuses?

The Land Registry operated a bonus scheme for its employees. Bonuses were not paid to those disabled employees who had received a formal warning for sickness related absence. The Land Registry made reasonable adjustments to avoid the employees being absent and therefore falling outside the bonus scheme. Nonetheless, during the year in question the

Can a company refuse to pay an employee bonus?

Whilst it is one thing to recruit staff on terms which do not contain a bonus, where the only issue is whether this will deter recruits, for existing staff the position can be more awkward. If the staff are agreeable to the change there is little difficulty but the employer may be bound to the bonus as a matter of contract.

When do employers have to get something in return for a bonus?

In other words, the employer has to get something in return for the employee bonus. This is usually the case when a bonus is promised for subsequent employment. Here, the employer’s return benefit comes from employee’s future work. However, this cannot be the case when a bonus is promised for past employment.

Can a court order an employer to pay an employee a bonus?

It depends. In many cases, courts have allowed partial payment of a bonus, depending on the actual duration of the employment. However, this has only been the case where termination was based on good terms (i.e. a mutual decision between employer and employee, or termination by the employer without fault of the employee).

What to do if you get an unearned bonus?

Whether your bonus is unearned or earned, you should expect the bonus on your paycheck during the pay period it’s been promised. If you’re not sure whether your bonus is unearned or earned, or whether you think you can make a claim against your employer, contact the Carter Law Firm and we’ll review your claim for free.