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Adam Willoughby successful in Employment Appeal Tribunal

Tue 18th Jan 2022

Tattu Manchester Ltd v Powell

Adam Willoughby has appeared in the Employment Appeal Tribunal on behalf of a Respondent to an appeal concerning the proper interpretation of a contractual bonus scheme and whether the implied term of mutual trust and confidence had been breached.

The Appeal, brought by Tattu Manchester Ltd, argued that:

  1. The Tribunal had wrongly interpreted a “Super Bonus” scheme to mean pre rather post EBIDTA figures (which triggered the payment of a bonus); and
  2. The Tribunal had wrongly concluded there had been a breach of the employee’s contract.

 

The EAT concluded that the Tribunal had applied the correct legal test when interpreting the contractual term relating to the Super Bonus. The Tribunal was entitled to look at what the parties had understood and intended when entering into the contract. The EAT also concluded that the Appellant’s failure to make headway on the primary appeal ground necessarily meant that its second ground of appeal must fail and that the Tribunal was entitled to find that the Appellant had committed a repudiatory breach of contract.

Adam was instructed by Langleys Solicitors.

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