In person Accompanied by his mother Lindsay Boswell. For the v Respondent — 2021

Mr M Acton Davis brought constructive unfair dismissal and wrongful dismissal claims after Ebury Partners UK Limited told him on 10 May 2019 that his commission would cease from 1 May 2019 and that he would move to a higher basic salary, discretionary bonus and equity eligibility. He also did not pursue claims for unauthorised deductions from wages and accrued holiday entitlement, which were dismissed on withdrawal.

Employment Judge Nicolle found that neither the original contract nor the commission SOP gave the claimant an ongoing contractual entitlement to commission. Although the 29 November 2017 Side Letter had contractual effect, the tribunal held that the commission wording was limited by its reference to "this one-year secondment" and did not create a right to continue receiving commission throughout the Toronto secondment. On that basis, the proposed cessation and implementation of the cessation of commission did not amount to a breach of an express term.

The tribunal also rejected the allegation that the Respondent breached the implied term of mutual trust and confidence. It held that the 10 May 2019 meeting communicated a proposal rather than a final repudiatory act, that the 28 June 2019 payslip issue was an oversight rather than a serious breach, and that the 1 July 2019 telephone call and emails did not reach the threshold for a repudiatory breach. The tribunal found that the claimant resigned in response to his grievance about the cessation of commission, but because no express or implied contractual breach was established, the constructive unfair dismissal and wrongful dismissal claims failed and were dismissed. No monetary award was made.