Ms B Solomons v Athene New Build Limited — 2019

Ms Solomons was employed by Athene New Build Limited from 28 April 2018 until 29 December 2019. The tribunal found that the parties did not agree in 2019 to replace the existing team commission structure with a discretionary bonus scheme, and that the respondent did not validly vary or withdraw the commission terms under clause 7. On that basis, the claimant remained entitled to 2019 team commission despite her dismissal, which was not for misconduct or gross misconduct.

On the bonus issue, the tribunal found that Mr Stone awarded a discretionary bonus of £20,000 by email on 20 December 2019 in recognition of work done in 2019. Applying the approach in Farrell Matthews, it held that once the bonus was awarded it crystallised as wages; it was not conditional on the claimant remaining employed in 2020 or on written acceptance. The respondent's failure to pay the £5,000 due in the week commencing 23 December 2019 and the £15,000 balance was therefore an unlawful deduction from wages, alternatively a breach of contract.

On commission, the tribunal accepted the claimant's case that the relevant 2019 team commission terms continued to apply and that the claimant's full entitlement had not been paid. It accepted the claimant's figure of £9,591.15 and found that sum remained payable on termination. The tribunal awarded £20,000 for the bonus and £9,591.15 for commission, both gross and subject to deductions for tax and National Insurance, with alternative findings of breach of contract for each sum.