A carefully drafted contractual bonus scheme will usually contain:
- A condition that the employee remain in employment, not under notice of termination (given or received) on a stipulated qualification or payment date in order to receive the bonus.
- A mechanism for pro-rata payment in the years of joining and departure, or a proviso that no payments will be made in respect of either or both of those years.
- A proviso that no payments will be payable during any period of notice, garden leave or suspension or whilst the employee is subject to the company`s formal disciplinary procedure.