Spectrum Agencies v. Benjamin [2009] UKEAT 0220_09_3010 (30 October 2009)

Spectrum Agencies v. Benjamin [2009] UKEAT 0220_09_3010 (30 October 2009)

Bonus entitlement is limited to payments received during the bonus year; payments received after the bonus year do not count towards bonus for that year. The Employment Tribunal's construction was incorrect and the Respondent's interpretation is correct.

Citation
[2009] UKEAT 0220_09_3010
Parties
Claimant: Dennis Benjamin; Respondent: Spectrum Agencies
Jurisdiction
United Kingdom
Judgment Date
30 October 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment reversed; claim for unlawful deductions dismissed; constructive unfair dismissal claim remitted for fresh determination.
Legal Topics
Implied Terms, Variation of Contract, Bonus Payment Construction, Unlawful Deductions, Constructive Dismissal
Employment Law Contract Law Implied Terms Variation of Contract Bonus Payment Construction Unlawful Deductions Constructive Dismissal

Case Brief

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Parties

Dennis Benjamin

Claimant

Spectrum Agencies

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Proper construction of bonus payment term in employment contract
  2. 2 Entitlement to bonus for invoices paid after end of bonus year
  3. 3 Calculation of turnover for bonus purposes

Ratio Decidendi

Bonus entitlement is limited to payments received during the bonus year; payments received after the bonus year do not count towards bonus for that year. The Employment Tribunal's construction was incorrect and the Respondent's interpretation is correct.

Court Disposition

Appeal allowed; Employment Tribunal judgment reversed; claim for unlawful deductions dismissed; constructive unfair dismissal claim remitted for fresh determination.

Orders

  • Appeal allowed
  • Judgment of Employment Tribunal reversed