Small v The Boots Co PLC and Boots UK Ltd [2009] EAT

Discretionary bonus was not as discretionary as Boots thought

Mr Small and other warehousemen employed by Boots claimed for unlawful deduction from wages in that they had not been paid performance related bonuses to which they claimed they were entitled.

They lost at an employment tribunal but have won on appeal to the EAT to the extent that the EAT remitted the case back to a different tribunal to determine whether the Boots discretionary bonus scheme had any contractual effect and if so what.

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