Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor

Gutermann Messtechnik Gutermann UK Ltd v Hartley & Anor

Mr Hartley was employed under a new contract from 10 November 2009, with entitlement to bonus or commission, the terms of which were not agreed; in absence of agreement, he is entitled to a reasonable bonus on a quantum meruit basis, and is permitted to advance this claim despite lack of prior pleading.

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 is entitled to bonus or commission for the period in question, to be assessed on a quantum meruit basis.
Legal Topics
Bonus Entitlement, Quantum Meruit, Employment Contract, Pleadings Amendment
Employment Law Contract Law Bonus Entitlement Quantum Meruit Employment Contract Pleadings Amendment

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

Ratio Decidendi

Mr Hartley was employed under a new contract from 10 November 2009, with entitlement to bonus or commission, the terms of which were not agreed; in absence of agreement, he is entitled to a reasonable bonus on a quantum meruit basis, and is permitted to advance this claim despite lack of prior pleading.

Court Disposition

Mr Hartley is entitled to bonus or commission for the period in question, to be assessed on a quantum meruit basis.

Orders

  • Assessment of Mr Hartley's entitlement to bonus or commission for the period 10 November 2009 to 3 October 2010 to proceed as part of Phase 2.
  • Further directions to be agreed between counsel.