Employment law
Pay and bonus disputes
Your contract should be very specific about how your pay, bonuses and commissions are calculated and paid. If you aren't getting what you thought was agreed, it's time to talk to an experienced contract lawyer.
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What can I do if I have a pay dispute with my employer?
Some work pay claims are simply the result of a mistake in the wages department. Perhaps your tax code has been wrongly applied, or some other human error has occurred? That's one of the reasons why it's essential to query any shortfall in your salary or bonuses as soon as possible and raise a formal grievance if you believe your salary or bonuses aren't being paid as agreed.
The other reason is that you only have three months, minus one day, in which to take your employer to an employment tribunal if you can't agree over your pay and bonuses. Bearing in mind that, before you can take your employer to a tribunal, you must first notify the Advisory, Conciliation and Arbitration Service (ACAS) and give them a chance to establish whether your employer will agree to 'early conciliation'.
If you need advice on any aspect of this process – particularly where high value pay and bonuses are at stake - talk to one of our experienced employment contract solicitors today.
When do pay disputes commonly occur?
Broadly speaking, any issue or disagreement over wages, bonuses or commission can result in a formal pay dispute. However, the most common usually involve:
- Discretionary bonuses, or bonuses tied to subjective performance targets
- Holiday or sick pay
- Maternity or paternity pay
- Wages due for overtime
- Severance pay (settlement agreements)
What pay dispute services do Slater and Gordon provide?
We know that a dispute over pay is often an incredibly stressful time and can leave you feeling out of pocket. Our specialist pay dispute solicitors have helped hundreds of clients receive their rightful entitlement, and can support you with:
- Reviewing your employment contract and any documentation relating to bonus structures
- Making a claim for equal pay if you’ve been paid less due to your gender
- Pursuing a discrimination claim in the case you’ve been underpaid due to sex, age, race, disability, sexual orientation, or beliefs
- Taking action if your pay (or bonus) has been unfairly reduced, or your employer has made changes to your bonus scheme without informing you
How can Slater and Gordon help with bonus disputes?
While high value salary disputes are reasonably rare, disputes over bonus payments are very commonplace. That's largely because while your contract of employment will usually state your annual salary quite clearly, bonuses are often paid based on complex performance calculations that leave some room for various interpretations.
Broadly speaking, there are two types of bonus:
- Contractual bonuses: These are, theoretically at least, the most straightforward bonuses, as the formula for calculating them should be set out in your contract. These bonuses are usually linked to a key performance metric such as hitting sales targets or the company achieving a certain level of profitability. Where these disputes become more problematic is when a given performance metric – such as 'personal performance' – is open to a degree of subjective interpretation.
- Discretionary bonuses: Claims for non-payment of discretionary bonuses can be more problematic than those for contractual bonuses. That's because when your employer decides how much, if anything, is payable, then a lot is riding on them acting in good faith.
If you've failed to receive a contractual or discretionary bonus that you believe you're owed, talk to one of our experienced employment law solicitors today. Call us on 0330 041 5869 or contact us online and we'll call you back.
Why choose Slater and Gordon’s pay dispute solicitors?
Disputes over pay can be incredibly complex, not in the least because many of them can stem from issues such as equal pay, discrimination and TUPE. If you’ve been paid less than you were entitled to, having the right expertise and support on hand can make all the difference to the outcome.
At Slater and Gordon, our friendly and compassionate employment team have an outstanding track record of success in a wide range of cases, from sex discrimination and equal pay to settlement agreements and TUPE, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that your case is in good hands from the outset.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)
Why choose Slater and Gordon?
Expertise
We are an award winning law firm and have a dedicated team of employment solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of employment law. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
Tailored advice
We understand that employment situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about pay disputes
How long do I have to make a claim against my employer for a pay dispute?
The deadline for making a claim for a pay dispute is quite tight – you only have three months, minus one day, from the last act of discrimination to submit a complaint to an employment tribunal.
We strongly advise that, if you’ve been underpaid or refused a bonus you believe you were entitled to, you contact a specialist solicitor as soon as possible to discuss how we can support you. Call us on 0330 041 5869 or get in touch online.
What is the process for making a claim for a pay dispute?
It is unlawful for an employer to dismiss an employee because of whistleblowing. Unfortunately, there are times when this still occurs, or a whistleblower is forced to resign due to unfair or negative treatment in the workplace. In either of these cases, you may be able to make a claim for constructive or unfair dismissal.
How long do I have to make a whistleblower claim?
If you've suffered from detrimental treatment or have been dismissed because you blew the whistle, you must act quickly in seeking advice as you've three months less one day from the date of this treatment within which to bring your claim at the Employment Tribunal, subject to the rules on ACAS Early Conciliation.