| Commentary

(d) Geys in the Supreme Court

| Commentary

(d)     Geys in the Supreme Court

How the point arose: In Société Générale, London Branch v Geys [2012] UKSC 63, [2013] IRLR 122, a high value common law claim by the dismissed manager of the bank's financial institutions division, the monetary point at issue was whether, as the bank said, the claimant under his contract was entitled to a pay-off of 'only' £7m or, as the claimant said, he was entitled to a pay-off of £12m and a continuing action at common law for damages for wrongful dismissal and other breaches of contract. The difference between the two pay-off figures depended on when he had been dismissed; if it had been before the end of 2007 the termination clause calculated it at £7m, whereas if it had been on or after 1 January 2008 the clause calculated it at £12m.

The issue arose as follows. On 29 November 2007 there was a meeting at which the claimant was given a letter of immediate termination (followed by the 'time honoured' procedure of desk clearance and immediate expulsion). On 7 December his solicitors wrote to the bank and on 10 December the bank replied with a termination agreement. On 18 December the bank paid into his account £31,899 (effectively his three months' contractual notice) but without telling him. A breakdown of the amount was eventually sent but not seen by him until 7 or 8 January 2008. Also, on

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