Commerzbank AG v Keen [2006] EWCA Civ 1536 is a UK labour law case, concerning the construction of terms in a contract of employment.

Mr Keen managed the proprietary trading desk in Commerzbank AG, paid a basic salary of £120,000.

The bonus was awarded at the bank’s discretion, and was not payable if the employee was no longer working or on notice to leave.

The contractual provision the bank relied on was, in any event, contrary to the Unfair Contract Terms Act 1977 section 3.

An employee could reasonably be regarded as a ‘consumer’ under the Unfair Contract Terms Act 1977 if the employer supplied him with services or goods for consumption.