Bonus schemes and any benefits are usually categorised as either:
- Contractual or non-contractual – i.e. right to participate in a bonus scheme
- Discretionary or non-discretionary – i.e. potential benefit under the scheme.
Contractual bonuses
A bonus scheme will be contractual if:
- An offer is made to an individual to: participate in a bonus scheme; to receive a certain amount of bonus; or to receive a bonus based on a bonus formula
- He accepts that offer
- He acts in reliance on the offer and
- There is an intention that the bonus scheme will be binding.