EAT CONTRACT OF EMPLOYMENT: Written particulars
UNLAWFUL DEDUCTION FROM WAGES
In determining claims under a discretionary bonus scheme the Employment Judge erred in failing to decide whether the scheme had any contractual content and, if so, what. (Horkulak v Cantor Fitzgerald [2005] ICR 402.) A claim for a bonus under a ‘substantially equivalent’ scheme on a TUPE transfer is for an unquantified amount and cannot be brought under the Employment Relations Act 1996 Section 23, unless Article 3(c) of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 applies.
Judges:
Slade J
Citations:
[2009] UKEAT 0248 – 08 – 2301, [2009] IRLR 328
Links:
Statutes:
Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 3(c), Employment Relations Act 1996 23
Citing:
Cited – Cantor Fitzgerald International v Horkulak CA 14-Oct-2004
The employee claimed under a bonus clause which ‘contained in a contract of employment in a high earning and competitive activity in which the payment of discretionary bonuses is part of the remuneration structure of employers.’
Held: The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 22 July 2022; Ref: scu.280453