Case 1310376/2020 · Employment Tribunal
In person For the v Advanced Business Software & Solutions Limited — 2021
- Case reference
- 1310376/2020
- Decision date
- 22 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Choudry
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningThe claimant, Mr R Lartey, worked for Advanced Business Software & Solutions Limited from 28 August 2018 as a Service Desk Analyst. His contract said bonus payments were discretionary and that the company would set out the rules in a separate bonus letter. He had received a £400 bonus for the 2018/2019 financial year.
The respondent sent internal communications on 28 May 2020, 11 June 2020 and 13 August 2020 dealing with annual bonus payments during the coronavirus period. The 11 June 2020 communication stated that bonus payments relating to last year’s performance were “not considered discretionary as they have already been earned” and said the respondent would confirm the payroll date. The 13 August 2020 communication said FY20 bonus payments would be made and, for those impacted by redundancy, the FY20 bonus would be included in final settlement if redundancy was confirmed.
The claimant’s employment ended on 31 August 2020. He said HR told him he would not receive the bonus because he was leaving before the payment date. The tribunal accepted the claimant’s case that, in light of the 11 June 2020 communication, the bonus for the 2019/2020 financial year had become contractual because it related to performance already earned, and there was no evidence that eligibility depended on being employed on the payment date.
The claim for breach of contract therefore succeeded. The tribunal ordered the respondent to pay Mr Lartey £400 gross in respect of the bonus for the financial year April 2019 to March 2020.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant had a contractual entitlement to the FY2019/2020 bonus and ordered the respondent to pay £400 gross. | Upheld | — | £400 |
Remedy
Monetary award- Total award
- £400
- across all upheld claims
- Compensatory award
- £400
- compensatory remedy recorded
Legal tests applied
1 reference- Article 3 of The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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