Computerking Ltd v Warner [1998] UKEAT 686_97_2506 (25 June 1998)

Computerking Ltd v Warner [1998] UKEAT 686_97_2506 (25 June 1998)

The Tribunal was entitled as a matter of law to find that the respondent was contractually entitled to a bonus based on the original sales target, as there was no evidence of a valid variation. The Tribunal was also entitled to find the dismissal unfair due to lack of consultation and to award compensation accordingly. No error of law was found in the Tribunal's approach or conclusions.

Citation
[1998] UKEAT 686_97_2506
Parties
Appellant: Computerking Ltd; Respondent: Anthony Warner
Jurisdiction
United Kingdom
Judgment Date
25 June 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Contractual Bonus, Unlawful Deduction of Wages
Employment Law Unfair Dismissal Redundancy Contractual Bonus Unlawful Deduction of Wages

Case Brief

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Parties

Computerking Ltd

Appellant

Anthony Warner

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in finding the respondent entitled to a contractual bonus
  2. 2 Whether the dismissal of the respondent was unfair due to lack of consultation

Ratio Decidendi

The Tribunal was entitled as a matter of law to find that the respondent was contractually entitled to a bonus based on the original sales target, as there was no evidence of a valid variation. The Tribunal was also entitled to find the dismissal unfair due to lack of consultation and to award compensation accordingly. No error of law was found in the Tribunal's approach or conclusions.

Court Disposition

appeal dismissed

Orders

  • The decision of the Industrial Tribunal is upheld.
  • The appellant is to pay the respondent the awarded bonus and compensation as determined by the Tribunal.