Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor [2012] EWHC 1697 (QB) (22 June 2012)

Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor [2012] EWHC 1697 (QB) (22 June 2012)

Mr Hartley was employed under a new contract from 10 November 2009, with bonus entitlement to be defined. In absence of agreement on bonus terms, he is entitled to a reasonable bonus on a quantum meruit basis, and the court permits him to advance this claim despite lack of pleading.

Citation
[2012] EWHC 1697
Parties
Claimant: Gutermann Messtechnik; Claimant: Gutermann UK Limited; Defendant: Dale Jonathan Hartley; Defendant: Ann Charlotte Hartley
Jurisdiction
England and Wales
Judgment Date
22 June 2012
Procedural Posture
Civil / Post Trial Judgment on Reserved Issue
Outcome
Mr Hartley entitled to bonus or commission for period 10 November 2009 to 3 October 2010, terms to be determined by court.
Legal Topics
Bonus Entitlement, Quantum Meruit, Contractual Amendment, Pleadings Amendment
Employment Law Contract Law Bonus Entitlement Quantum Meruit Contractual Amendment Pleadings Amendment

Case Brief

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Parties

Gutermann Messtechnik

Claimant

Gutermann UK Limited

Claimant

Dale Jonathan Hartley

Defendant

Ann Charlotte Hartley

Defendant

Procedural Posture

Civil / Post Trial Judgment on Reserved Issue

Legal Issues

  1. 1 Whether Mr Hartley was entitled to bonus between 10 November 2009 and 3 October 2010
  2. 2 Whether a new contract was formed on 10 November 2009
  3. 3 Whether bonus entitlement continued under the 2000 Agreement or quantum meruit

Ratio Decidendi

Mr Hartley was employed under a new contract from 10 November 2009, with bonus entitlement to be defined. In absence of agreement on bonus terms, he is entitled to a reasonable bonus on a quantum meruit basis, and the court permits him to advance this claim despite lack of pleading.

Court Disposition

Mr Hartley entitled to bonus or commission for period 10 November 2009 to 3 October 2010, terms to be determined by court.

Orders

  • Further directions to be agreed between counsel for assessment of quantum in Phase 2