The claimant, who worked in sales, was told that a "kitty bonus" equivalent of up to 1% of new client invoicing was available, subject to approval of managers. He secured a deal with John Lewis Partnership and his line manager proposed he receive the full 1% which was approved. However the respondent subsequently introduced a $150,000 cap on the kitty bonus, not mentioned in the original scheme, and the claimant was paid the capped sum so he brought an unlawful deductions claim for the difference. This was dismissed by the ET.

Bruce Carr KC, sitting as a deputy high court judge, allowed the appeal. The ET had erred in thinking there was a need for further approval to achieve entitlement to the kitty bonus and also by concluding that the cap could be introduced after the event. The respondent had put forward terms under which the discretionary bonus would be awarded. Once the manager had approved the 1% bonus in accordance with the March 2020 parameters, the claimant's entitlement crystallised. The EAT substituted a finding that the claimant was entitled to 1%, less the $150,000 already paid.