- Examining discretion in employee bonus claims
- Original news
- What is the significance of the High Court's decision in Paturel?
- What were the relevant facts?
- What did the High Court decide? To what extent was its decision influenced by the Supreme Court's judgment in Braganza?
- How does this decision sit alongside other authorities in relation to an employer’s discretion on bonus awards?
- In relation to the current state of authorities in this area, what should lawyers do when advising employers of the issues they should bear in mind when making decisions on discretionary awards?
- Does the recent Court of Appeal judgment in Niksun give any guidance as to the burden of proof in cases involving a challenge to the way in which an employer has exercised its discretion?
Employment analysis: Did the employer breach the employment contract in relation to the payment of discretionary bonuses? Jane Russell, barrister at Essex Court Chambers, who acted for the claimant in the recent case of Paturel v DG Services, looks at the issue and the current case law guidance on the burden of proof in cases involving a challenge to the way in which an employer has exercised its discretion.
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