In person For the v Respondent — 2021

The claimant brought a breach of contract claim for a fundraising bonus of £31,500. The bonus letter dated 18 December 2017 provided that the bonus would be payable only if he remained employed and was not under notice of termination as at 31 March 2019. The tribunal held that any notice referred to in that letter had to be written notice, because the employment terms required notice of termination to be in writing.

The tribunal found that at a meeting on 25 January 2019 the claimant was told orally, but not in writing, that his employment was being terminated by reason of redundancy and that termination would take effect within three months unless alternative employment was found. That oral notice was not enough to defeat the bonus entitlement. However, the tribunal found that the claimant was sent and received a letter dated 9 March 2019 giving written notice that his employment would terminate on 31 October 2019, and that he was therefore under notice by 31 March 2019.

Because the claimant was under written notice by the contractual cut-off date, his entitlement to the fundraising bonus fell away and the claim failed. The tribunal therefore dismissed the claim. It also recorded that the claimant’s employment ended early on 9 October 2019 when the respondent shortened the notice period. Costs were not determined, but the respondent was given liberty to apply for a separate costs hearing if it wished to pursue that issue.