Contractual disputes are common. Often they centre on pay or salary, entitlement to commission or the payment of bonuses. If you are involved in a dispute over payment or remuneration, Miller Samuel Hill Brown can help.
When considering the wide ranging nature of employment law disputes, it is those which relate to pay and related entitlements which are the most obvious. The most basic expectation which an employee has from their employment is that they receive payment of the monies agreed with their employer.Even although this is a topic which will more often than not be one of the first points of agreement between a prospective employee and employer, disputes can still arise on a regular basis in respect of whether the parties rights have been infringed.
Pay disputes can be among the most serious in a workplace. They can seriously undermine morale and productivity. While the employee and the employer may both be of the view that they are clear as to what monies are payable, disagreements can often arise where:
- The employer seeks to make a deduction from the employee’s salary which is not accepted;
- An employee discovers what salary a colleague receives for doing a similar job;
- It is alleged that there is inequality of pay between comparable jobs.
We can assist in providing advice to both employers and employees on their statutory and contractual rights with regards to pay, advising on unlawful deductions of wage claim and assisting with any issues that arise regarding equal pay legislation.
Bonus/ Commission disputes
In addition to basic salary payments, employees may also wish to challenge their entitlement to receive bonus or commission payments. Such schemes can often be complex, requiring careful consideration of the wording used to set out the employee’s particular entitlement. The first point to consider is whether the employee has a real contractual right to receive any payment by way of bonus or commission, or whether the employer has discretion when making such payments. Whatever type of scheme is in place, advice can often be required on:
- How an employer can exercise any discretion?;
- What amount of bonus/ commission is due to an employee, if any?
- Against what criteria is the bonus/ commission to be assessed?
- When is there an obligation on the employer to actually make payment?
Whether a dispute has already arisen, or whether you feel you need advice on how any bonus or commission scheme is to be designed, in terms of any contract, Miller Samuel Hill Brown can help.
Expert Employment Law assistance and advice.
Contact our Employment Law Solicitors in Glasgow today on 01412211919