Pay and Bonus Disputes for Senior Executives

Yes, discretionary bonuses can be challenged if the employer’s decision is unreasonable, discriminatory or in breach of contract. ‘Discretion’ doesn’t give employers a free hand - they must act fairly, consistently and in good faith. If the bonus forms part of a pattern of payment or is linked to agreed targets, it may be enforceable. We’ll review the relevant clauses and bonus scheme, assess whether the discretion has been misapplied, and help you take action. For senior executives, our strategic advice can make a significant difference to the financial and reputational outcome of the dispute.

Yes, in many cases. If your entitlement to commission was based on work done or targets achieved before your departure, you may still have a valid claim - even if the employer tries to withhold payment. The terms of your contract and the timing of invoicing or completion of deals are key. Commission disputes are common during or after resignation or dismissal, especially in sales-driven roles. We’ll assess your entitlement, gather supporting evidence and pursue the amount owed, either through negotiation or legal action. We also take care to protect your reputation throughout the process.

Yes, in some cases. If your dispute relates to unlawful deductions from wages or breach of contract (and your employment has ended), you may be able to bring a claim in the employment tribunal. However, tribunals have strict time limits and may not deal with complex bonus schemes or high-value claims effectively - especially for senior executives. In some situations, it may be better to pursue your case in the civil courts. We’ll advise you on the most strategic and cost-effective route, whether that’s tribunal, High Court or a negotiated settlement.

You usually have 3 months (less one day) from the date of the unpaid bonus or deduction to bring a claim in the employment tribunal. If the claim is for breach of contract, you may also have up to 6 years to issue proceedings in the civil courts. For senior executives, it’s important to get tailored advice quickly, especially if bonus or pay issues arise alongside termination or dismissal. We’ll help you assess which route is best for your case, ensure you stay within time limits, and build a strong claim from the outset.

The outcome depends on the terms of your contract or incentive plan, as well as the circumstances of your exit. Some schemes define who qualifies as a ‘good leaver’ or ‘bad leaver’, which can affect your entitlement to bonuses, LTIPs or shares. Performance conditions, vesting periods and clawback provisions may also apply. We advise senior executives on how to protect or recover entitlements as part of a departure strategy, including during settlement negotiations. Early legal advice is key to preserving value - we can help you understand the risks and take proactive steps.

It’s a valid concern, especially at senior level. But with the right approach, many pay and bonus disputes are resolved confidentially and professionally. We’re known for discreet, strategic representation that protects both financial outcomes and long-term reputational interests. Where litigation becomes necessary, we manage the risk of publicity and ensure your position is clearly and fairly presented. In many cases, early advice leads to a negotiated resolution that avoids formal proceedings altogether. We work closely with you to decide the right course of action based on your career goals and personal priorities.