Adrian Faieta v ICAP Management Services Ltd [2017]

Posted In: Case Law
  • Case Reference
    EWHC 2995 (QB)
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment, Working Time
Issues covered: Wrongful Dismissal; Contracts of Employment; Bonus; Garden Leave; Implied Term

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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This article is correct at 08/02/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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