Commerzbank AG v Keen [2007] IRLR 132 CA

implied term | discretionary bonus | unfair contract term

The Court of Appeal has held that, in order to show that an employer has breached a discretionary bonus term, the employee must demonstrate that the employer exercised its discretion irrationally or perversely.

Mr Keen was employed by Commerzbank AG from November 2002 until he was made redundant in June 2005.