Claimant v Brand Finance plc

The tribunal held it lacked jurisdiction to hear the bonus claim as an unlawful deduction from wages because the bonus was discretionary and no decision had been communicated to the claimant during his employment. The amount was not quantifiable under the contract alone, rendering it properly a damages claim for breach of contract, which also fell outside tribunal jurisdiction as the bonus decision was made after employment ended.

The tribunal found it lacked jurisdiction under the Employment Tribunals Extension of Jurisdiction Order 1994 to hear the bonus claim as a breach of contract because the breach did not arise from or exist at the termination of employment. The bonus decision was made after the claimant left employment in March 2024, with bonuses paid in June 2024.

The claim for unpaid freelance fees for work with a South African subsidiary was dismissed as out of time. Work ceased in June/early July 2024, payment should have been made by end of July 2024, but the claim was not presented until 6 November 2024. The tribunal found it was reasonably practicable to bring the claim sooner and the claimant did not act promptly.