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)

A new contract of employment was formed on 10 November 2009 with provision for bonus/commission to be agreed; as no agreement was reached, Mr Hartley is entitled to a reasonable bonus/commission for the period in question, to be assessed by the court.

Citation
[2012] EWHC 1697 (QB)
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
High Court Civil Action (queen's Bench Division) / Post Trial Judgment on Reserved Issue (bonus Entitlement)
Outcome
Mr Hartley is entitled to a reasonable bonus/commission for the period 10 November 2009 to 3 October 2010, to be assessed in Phase 2.
Legal Topics
Employment Contract Formation, Bonus/commission Entitlement, Quantum Meruit, Pleadings and Amendments
Employment Law Contract Law Employment Contract Formation Bonus/commission Entitlement Quantum Meruit Pleadings and Amendments

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Parties

Gutermann Messtechnik

Claimant

Gutermann UK Limited

Claimant

Dale Jonathan Hartley

Defendant

Ann Charlotte Hartley

Defendant

Procedural Posture

High Court Civil Action (queen's Bench Division) / Post Trial Judgment on Reserved Issue (bonus Entitlement)

Legal Issues

  1. 1 Whether Mr Hartley was entitled to a bonus or commission between 10 November 2009 and 3 October 2010
  2. 2 Whether a new employment contract was formed on 10 November 2009
  3. 3 Whether Mr Hartley could claim a bonus on a quantum meruit basis despite lack of pleading

Ratio Decidendi

A new contract of employment was formed on 10 November 2009 with provision for bonus/commission to be agreed; as no agreement was reached, Mr Hartley is entitled to a reasonable bonus/commission for the period in question, to be assessed by the court.

Court Disposition

Mr Hartley is entitled to a reasonable bonus/commission for the period 10 November 2009 to 3 October 2010, to be assessed in Phase 2.

Orders

  • Assessment of quantum of bonus/commission to proceed in Phase 2.
  • Further directions to be agreed between counsel.