[2006] EWCA Civ 1536, Court of Appeal on 17th November 2006, reported at [2007] ICR 623 (also at [2007] IRLR 132)
NOTES
Commerzbank AG v Keen, [2006] EWCA Civ 1536, Court of Appeal on 17th November 2006, reported at [2007] ICR 623 (also at [2007] IRLR 132).
the full text of this Court of Appeal judgment is available free of charge on the BAILII website
Authority for the propositions that:-
- an employee does not deal with his employer "as a consumer" nor deal with the employer on the employer's "written standard terms of business" and therefore the Unfair Contract Terms Act 1977 s.3, designed to protect consumers from unfair contract terms, does not apply to a term in an employment contract concerning payment for the employee's work; and
- it is no easy matter for an employee to succeed in a claim that his employer acted irrationally or perversely in deciding to make a low or nil award under a discretionary bonus scheme.
For relevant general notes see Implied terms in employment contracts/a general introductory note and/or Implied terms in employment contracts/duties of employer and/or Bills before Parliament/Unfair Contract Terms Bill (draft) .
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prepared Nov2006