Commission and Bonus Disputes – for Senior Executives

Contract Review
When we advise Senior Executives on any draft contract they receive from a prospective employer, one key area we will consider with them is any commission or bonus clauses within your prospective contract.

There are a number of key elements that are important to review at the inception of the commission and/or bonus arrangements to avoid unexpected consequences which negatively affect a client’s entitlements.

 

Disputes
Where a dispute arises in relation to an commission or bonus we have extensive experience in advising on the contractual entitlements and the factors that will be considered by any Court or Tribunal either arising from: a verbal agreement (and the enforceability of the same), an express contractual term or, as part of the exercise of a general discretion which engages common law principles of reasonableness.

 

It may be that issues of discrimination arise, including equal pay in respect of contractual terms or discrimination on the grounds of a protected characteristic in the exercise of discretion in the award of a bonus.

 

We are familiar with the relevant tests to be applied and the inferences that can be drawn when advising on likely outcomes and we advise on the prosecution of proceedings whether brought in the High Court or the Employment Tribunal as may be necessary.

 

Commercial Agents’ Commissions
We have experience in advising on agent’s contracts and the rights and entitlements for the agent on termination under the Commercial Agents Regulations.

Contact our team