Bonus

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Ask Auntie: How should we exercise discretion in determining bonus awards?

Dear Auntie I sit on the Remuneration Committee of my company and we’re in the process of determining discretionary bonus awards for employees.  The language in the bonus scheme says that awards are discretionary and so I think the Committee has...

Clawing back bonuses when is it enforceable?

An employee’s entitlement to a bonus or share incentive used to be a one way street – once payment conditions under the bonus agreement were met, the employee would be entitled to the bonus and that was that. However, in recent times, employers,...

Bank Payroll Tax: Just a tax for bankers and banks?

On 9 December 2009 the Chancellor announced a new tax regime for banks which pay bankers’ bonuses over £25,000. Whether this tax is a shrewd economic decision or a purely political move is a topic being hotly debated. What is the tax? The...

Baby bonuses: Top Tips on the payment of bonuses whilst employees are on maternity leave

Determining whether a bonus is payable (in part or at all) to an employee who has been absent from work on maternity leave is a complex issue, and failure to make or pro-rate a bonus payment to an employee on maternity leave could possibly give rise to a...

Defending bonus claims - How can you minimise your exposure to this risk?

t’s the first phase of bonus season, and the news as to ‘who’s getting what’, across the city and farther afield, is being rolled out. In a few months phase two of bonus season will start; the lawyers will be drafted in and you may...

Bumping Bonuses - is there an implied term that you must always pay bonuses?

It’s bonus time.  No doubt, in addition to the numerous grateful employees enjoying champagne in the local wine bar, there are a number who feel that they should have been paid more and have written to you threatening grievances and the like, and...

Takacs - Potential New law could be a real bonus for employees. Can employers sack employees to avoid paying bonuses?

WENDI S. LAZAR is of counsel to Outten & Golden LLP, a New York and Connecticut Firm. She has been practising international employment and immigration law for over 12 years with a focus on executive compensation, noncompetition and severance...

'B' is for Bonuses

Bonus claims often form a substantial part of compensation claims made by employees, particularly on termination of employment where an employee may feel aggrieved that they have been dismissed shortly before they were expecting to receive a bonus payment. ...

"Come on boss, it's the Ashes!": being a good sport about absence?

We have had some fantastic summers of sport over the last few years what with ‘Team GB’ doing phenomenally well at the Olympics, the tennis (come on Tim!) and obviously the cricket. There has been immense interest in work places across the...

A discretion too far? When do discretionary bonus payments become payable?

Farrell Matthews & Weir v Hansen It may bring a smile to some of your faces to learn that a firm of solicitors has lost a case brought by one of its employees. Ms Hansen, a salaried partner at criminal law specialists Farrell Matthews & Weir...

Auditing and evidencing staff performance - a simple solution

Dear Auntie, I am HR Director of a medium sized company in Financial Services. I have been asked by our new CEO to show him reward criteria for our senior executives. He has asked to see their recent appraisals as well as specific information relating to...

Coughs, colds or flu - or just January blues?

Dear hrlaw Auntie I am a HR Manager and have returned to work after the Christmas break to find that a number of employees are off sick. Some of the employees called in sick on the first day that they were due back to work and some towards the end of...

Bonuses - A Practical Session on Exercising Discretion

It’s that time of year again, Christmas is over and many employees’ thoughts turn to what bonus they can expect to receive in respect of their performance over the past year. Despite efforts to manage employees’ expectations, the award of...