Feeling undervalued or unfairly treated over your pay or bonus is a serious issue. Our SRA-regulated employment solicitors are here to provide robust legal advice to help you challenge unlawful deductions and recover what you are rightfully owed.
Disagreements over pay and bonuses are a common source of workplace conflict. Our solicitors are experts in advising on all types of disputes and recovering unpaid sums.
Your employer can only deduct money from your wages if it's required by law, permitted by your contract, or you have given prior written consent. Any other deduction is likely unlawful.
Challenge This DeductionIf your contract entitles you to a bonus based on specific, measurable targets, and you have met them, your employer is legally obligated to pay it. Failure to do so is a breach of contract.
Claim Your Unpaid BonusEven if your bonus is 'discretionary', your employer must still act rationally and in good faith. They cannot withhold it for a discriminatory reason or in a way that is perverse or irrational.
Dispute a Discretionary BonusThe Situation: An employee's contract stated he was eligible for a "discretionary" bonus. Despite performing well, he was dismissed and the employer refused to pay him any bonus, arguing that it was entirely at their discretion.
The Outcome: The Court of Appeal ruled that while the amount of the bonus was discretionary, the employer's discretion was not absolute. They had a duty to exercise that discretion honestly and rationally, not capriciously. The employee was awarded significant damages for the bonus he should have received.
What this means for you: Even if your bonus is "discretionary," you may still have a claim if your employer has acted in bad faith or irrationally. Our solicitors can assess the terms of your contract and the circumstances of the decision to advise you on your legal position.
Strict time limits apply in employment law. For an unlawful deduction from wages claim, you must start the process (usually via ACAS Early Conciliation) within three months less one day from the date the deduction was made. For a breach of contract claim (like an unpaid bonus), the time limit is longer, but it is always best to act immediately.
Not necessarily. In fact, most pay and bonus disputes are resolved without ever going to a final hearing. Our solicitors are expert negotiators and will often engage with your employer to reach a financial settlement, which can be formalised in a legally binding document like a COT3 or Settlement Agreement.
The most important evidence is your contract of employment. Other key documents include payslips, any bonus scheme rules, commission statements, and any written correspondence (like emails) with your employer about your pay or bonus. We can review these documents for you and provide a clear assessment of your claim.
Don't let an employer withhold your hard-earned money. Our expert employment solicitors are here to provide the robust legal advice you need to protect your rights.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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