Ms Susan Chan, of counsel For the v Respondent — 2018

The claimant worked for the respondent from 2002 and became Sales Director. In 2012 the parties agreed a profit-related bonus letter which the tribunal construed as a promise of 5% of the respondent's annual profits as a whole, not just profits from Fleet World-related activity. On that construction, the inclusion of Torque and Cycling in the profit calculation was proper, and the tribunal accepted Mr Ramsdale's evidence that the 2015/16 accounting period was extended to 30 April 2016 because of losses and cashflow pressure, which the claimant knew about by late 2016.

The tribunal rejected the claimant's case that the respondent's conduct amounted to constructive dismissal. It found that the respondent was entitled to discuss reallocating some client accounts away from the claimant, to propose that she develop new business, and to require commission only on sums actually received for the 2017 Fleet World show where stands had not been paid for in advance. It held that Mr Ramsdale's critical responses in the November and December 2016 meetings were directed at the claimant's assertions about pay and business structure, not a repudiatory breach of contract, and that the grievance handling, the August 2017 written contract, and the appeal process did not amount to a breach of the implied term of trust and confidence.

The claimant resigned on 4 October 2017. The tribunal found that her resignation was driven principally by reduced income, the absence of any profit-related bonus, and uncertainty over when the respondent might return to profit, together with her reluctance to rebuild the business, rather than by any dismissal. On that basis the unfair dismissal claim failed, and the wrongful dismissal claim failed with it.

On age discrimination, the tribunal rejected the allegation that Mr Ramsdale told Mr Brett that the claimant would be retiring soon. It accepted that the May 2017 Fleet World reference to 'comfy wheels for a grandmother' was direct age discrimination, but held that the complaint was out of time because early conciliation began only on 9 October 2017 and it was not just and equitable to extend time. The broader allegation about the proposed reallocation of accounts also failed because the underlying conduct was not wrongful. The judgment left the claimant's unpaid commission and holiday pay claims for the later hearing and recorded an NI overpayment of £12,137.49 as a potential offset issue, but it made no final monetary award in this liability judgment.