A development director who was poached by the Candy brothers to lead the £3bn makeover of Chelsea Barracks, London SW3, has lost his appeal against the High Court dismissal of his £160,000 bonus claim.
Andrew Locke, who joined property management and design firm Candy & Candy from Hammerson in 2007, claimed that the company unlawfully terminated his contract without giving him the six months’ notice that was allegedly required.
He also claimed that he had suffered “loss and damage” by not being paid a guaranteed bonus of £160,000, which, “but for the unlawful dismissal”, would have become payable on 17 September 2008.
In March, Master Eyre, in the High Court, dismissed his claims without the need for a full trial.
Locke’s appeal against that decision was dismissed by the Court of Appeal, which ruled that he had been lawfully dismissed before his entitlement to the bonus had “crystallised”.
Although Locke had been deprived of the bonus to which he would have been entitled had he remained in the Candy’s employment for a further two weeks, that was the consequence of what the parties had agreed.
A spokesperson for Candy & Candy said: “Candy & Candy is pleased that the Court of Appeal has reaffirmed the decision of the High Court.
“It has always maintained that it acted properly and in accordance with Mr Locke’s contract of employment and that he was not entitled to the bonus he claimed. We hope that this is now an end to the matter.”
Locke v Candy & Candy Ltd Court of Appeal (Pill, Arden, Jackson LJJ) 29 October 2010.
Andrew Stafford QC (instructed by Taylor Vintners) appeared for the appellant; James Laddie (instructed by
