Bonus And Commission Claims
More commonly the bonus scheme may be expressed to be entirely discretionary there are no fixed rules as to how it is determined. Unsurprisingly, this dilemma has produced a flood of case law. Effectively the Courts have now concluded that a discretionary bonus can only be determined at the employer's discretion to the extent that the employer's decision is bona fide and rational. This is the case even if the decision whether to pay a bonus at all is discretionary. If the employer decides not to pay that ‘discretionary' bonus and that decision is not rational or bona fide then the Court must make its own rational judgment as to whether the employee would have been paid and a bonus and how much that bonus would have been.
If you are concerned about your bonus or commission the easiest solution is to call us and explain all of the circumstances. We can give you fast cost effective advice as to whether you have a claim and a strategy that should allow you to negotiate a settlement with your employer.
If you are about to take a new job, then remember that preventative medicine works best. Consult your headhunter and consider taking specialized employment law advice, as we will apply our expertise to protect your best interests.