Unfair Contract Terms Act Does Not Apply to Bonuses
by Philip
In Commerzbank AG v Keen the Court of Appeal has held that the Unfair Contract Terms Act 1977 can not be used by an employee to argue that a contractual provision that he was required to be in employment when a bonus was paid was unfair. The Act only applies where one party is dealing as a consumer and the other deals on its standard terms of business. The Court of Appeal held an employee does not deal as a consumer and an employment contract does not constitute standard terms of business.
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