KUKD.COM Ltd v Farooq (CONTRACT OF EMPLOYMENT - Notice and pay in lieu) [2018] UKEAT 0149_17_0202 (2 February 2018)

KUKD.COM Ltd v Farooq (CONTRACT OF EMPLOYMENT - Notice and pay in lieu) [2018] UKEAT 0149_17_0202 (2 February 2018)

The Employment Judge's finding that the parties agreed to retain a 4-week notice period was unimpeachable. Mr Farooq gave 4 weeks’ notice, was ready and willing to work, and was entitled to pay for that period. KCL’s waiver of the obligation to work did not end the contract early. The Judge’s interpretation of 'images' in the commission agreement was not perverse, and KCL failed to satisfy the requirements for admitting fresh evidence on appeal.

Citation
[2018] UKEAT 0149_17_0202
Parties
Appellant Employer: KCL; Respondent Employee: Mr Farooq
Jurisdiction
United Kingdom
Judgment Date
02 February 2018
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Notice and Pay in Lieu, Implied Term/variation/construction of Contract, New Evidence on Appeal, Commission and Bonus Entitlement
Employment Law Notice and Pay in Lieu Implied Term/variation/construction of Contract New Evidence on Appeal Commission and Bonus Entitlement

Case Brief

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Parties

KCL

Appellant Employer

Mr Farooq

Respondent Employee

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the respondent was entitled to 4 weeks’ notice pay or only 1 week under the contract
  2. 2 Whether the contractual entitlement to commission and bonus was satisfied
  3. 3 Whether fresh evidence on the meaning of 'images' in the commission agreement should be admitted

Ratio Decidendi

The Employment Judge's finding that the parties agreed to retain a 4-week notice period was unimpeachable. Mr Farooq gave 4 weeks’ notice, was ready and willing to work, and was entitled to pay for that period. KCL’s waiver of the obligation to work did not end the contract early. The Judge’s interpretation of 'images' in the commission agreement was not perverse, and KCL failed to satisfy the requirements for admitting fresh evidence on appeal.

Court Disposition

Appeal dismissed

Orders

  • Mr Farooq entitled to 4 weeks’ notice pay
  • Mr Farooq entitled to commission and bonus as awarded by the Employment Tribunal