Moore v. AR Calvert (Leyburn) Ltd [2001] UKEAT 628_00_1501 (15 January 2001)

Moore v. AR Calvert (Leyburn) Ltd [2001] UKEAT 628_00_1501 (15 January 2001)

The Employment Tribunal was entitled to find as a matter of fact that the bonus was discretionary, based on available evidence including the letter of 2nd February 1999. There was evidence to support the finding, and no arguable error of law was demonstrated.

Citation
[2001] UKEAT 628_00_1501
Parties
Appellant: Mr D J Moore; Respondent: A R Calvert (Leyburn) Limited
Jurisdiction
United Kingdom
Judgment Date
15 January 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unlawful Deduction From Wages, Contractual Entitlement, Bonus Payments
Employment Law Constructive Dismissal Unlawful Deduction From Wages Contractual Entitlement Bonus Payments

Case Brief

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Parties

Mr D J Moore

Appellant

A R Calvert (Leyburn) Limited

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding the bonus discretionary and not contractually guaranteed
  2. 2 Whether the withholding of bonus constituted a fundamental breach justifying constructive dismissal

Ratio Decidendi

The Employment Tribunal was entitled to find as a matter of fact that the bonus was discretionary, based on available evidence including the letter of 2nd February 1999. There was evidence to support the finding, and no arguable error of law was demonstrated.

Court Disposition

appeal dismissed