Back
Get in Touch Menu

Clawing back bonuses – is it legal?

13 March 2012

The issue of bonuses, particularly bankers’ bonuses is still dominating the headlines. In February, it emerged that Lloyds Banking Group planned to strip a number of top executives of about £2 million in bonuses as a penalty for a financial scandal that cost the taxpayer-backed bank £3.2 billion last year.

It is important to stress that this unprecedented attempt to claw back bonus payments is not a universal remedy. In this case, because it is a consequence of the adjustment of the bonus pot caused by the PPI scandal, it is provided for in Lloyd’s contractual arrangement.

Many opinions have been voiced suggesting that bonuses should be cut or withdrawn. However in the real world, whether or not politicians or the general public like it, the status of a bonus is a legal matter – does the contract allow it or not?

If employers want the option of being able to withdraw, or not to pay, a bonus, they must put in place a tightly-drafted contractual definition. Some companies may try to allow for flexibility by describing bonuses as ‘discretionary’ but simply attaching this label is no guarantee that payment is, indeed discretionary. If such a clause goes on to detail how the employee would qualify for a bonus or the employee has always received a bonus, then very often it may not be ‘discretionary’ at all.

A well-drafted contract could save money, embarrassment and the risk of litigation in the event a company wants to say ‘no’ to a bonus on the grounds that it is not warranted.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Employment Rights Bill: Bereavement, paternity & unpaid parental leave - what do businesses need to know?

Employment & business immigration

Changes to bereavement, paternity and unpaid parental leave are on their way as part of the Employment Rights Bill, so it’s important your business knows what’s on the horizon to…

Simon Pathé FCILEx
Partner, chartered legal executive

Employment Rights Bill: Employees to benefit from guaranteed hours & rights relating to shifts

Employment & business immigration

The Employment Rights Bill is shaking things up, with employees expected to benefit from guaranteed hours and rights relating to shifts. The government is committed to ending one-sided flexibility and…

Simon Pathé FCILEx
Partner, chartered legal executive

Supreme Court makes landmark decision on the definition of ‘woman’ and ‘sex’ in the Equality Act

Employment & business immigration

The Supreme Court has unanimously allowed the appeal for For Women Scotland Limited and has provided clarity on how ‘woman’, ‘man’ and ‘sex’ are to be defined. The decision acts…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor
Contact us