Adrian Faieta v ICAP Management Services Ltd Posted In: Case Law
Case ReferenceEWHC 2995 (QB)
Legal BodyEngland and Wales High Court (EWHC)
Type of Claim / JurisdictionDismissal, Contracts of Employment, Working Time
The claimant was employed under a five-year fixed term contract which awarded him a guaranteed minimum bonus (GMB) of £400,000 per annum. The employer’s revenue declined and he was asked, along with other members of his team, to reduce the GMB.
He was given the choice of accepting a change to his contract or be dismissed. When he refused he was given notice, placed on garden leave and was later dismissed. His contract stipulated that the GMB was not payable during the period of garden leave. The claimant argued that the decision to place him on garden leave and the refusal to pay him the GMB amounted to a fundamental breach of contract.
The Court confirmed that while an employer must
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