At the Tribunal | |
Before
HIS HONOUR JUDGE P COLLINS CBE
MR B V FITZGERALD MBE
MRS T A MARSLAND
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellants | MR DANIEL TATTON BROWN (of Counsel) Instructed By: Messrs Baker & McKenzie 100 New Bridge Street London EC4V 6JA |
JUDGE P COLLINS CBE:
"Subject to any provisions on payment of bonuses during garden leave in the employee's contract of employment, bonuses (including bonuses in relation to NFI booked in previous months) will not accrue to, be earned by, or paid to employees under notice (whether given by PSD or the employee) or ex-employees."
Basically, it was the company's contention that this clause meant that they were entitled to withhold earned commission from their employees after they left their employment.
"Construing the contract in those circumstances I would find that it was, at best, ambiguous."