Cases6004544/2025

Claimant v Natterbox Ltd

12 December 2025Before Employment Judge DowlingLondon Centralremote video

Outcome

Claimant succeeds£7,336

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the Individual Commission Plan did not operate to vary the claimant's employment contract regarding bonus entitlement. The claimant was entitled to bonus for Q3 2024 calculated on company revenue performance (30.26% YTD attainment) and 100% OKR performance. The respondent had unlawfully deducted £7,336.36 in unpaid bonus wages to which the claimant was contractually entitled.

Facts

Mr Pank was employed as Revenue Operations Director from December 2023 to October 2024 on a salary of £120,000 plus a £36,000 performance-related bonus payable quarterly. His contract provided that 50% of the bonus was based on company revenue targets and 50% on individual OKRs. He drafted and signed an Individual Commission Plan (ICP) in March 2024 which the respondent argued varied his contract to remove the OKR element. The respondent refused to pay his Q3 2024 bonus of £7,336.36.

Decision

The tribunal found no effective contractual variation had occurred as there was no mutual agreement or awareness that the ICP would change the claimant's bonus entitlement. The claimant continued to be paid under his original contract terms throughout his employment. He was entitled to his Q3 bonus calculated on 100% OKR achievement (£4,500) plus company revenue performance at 30.26% YTD attainment (£2,836.36). The claim for unlawful deduction of wages succeeded in full.

Practical note

A contract of employment cannot be varied unilaterally by one party signing a document; clear mutual agreement and awareness of the variation is required, particularly regarding fundamental terms like remuneration.

Award breakdown

Unpaid wages£7,336

Award equivalent: 3.2 weeks' gross pay

Legal authorities cited

Cowey v Liberian Operations Ltd [1966] 2 Lloyd's Reports 45

Statutes

Employment Rights Act 1996 s.13Employment Rights Act 1996 s.4

Case details

Case number
6004544/2025
Decision date
12 December 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
in house

Employment details

Role
Revenue Operations Director
Salary band
£100,000+
Service
10 months

Claimant representation

Represented
No