MacLeod v Mears Ltd
The Terms of Agreement and accompanying documents constituted a contractually binding bonus agreement for the teams, not individuals, with the 75p allocation only until April 2008, terms applicable only until December 2008, no bonus cap included, and no subsequent variation or supersession proved.
- Parties
- Claimant: Duncan Macleod; Defendant: Mears Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2014
- Procedural Posture
- Civil / Trial of Liability
- Outcome
- Liability findings made; parties to address court further on implications for claims.
- Legal Topics
- Bonus Agreements, Variation of Contract, TUPE Regulations, Profit Sharing, Remuneration
Case Brief
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Parties
Duncan Macleod
Claimant
Mears Ltd
Defendant
Procedural Posture
Civil / Trial of Liability
Legal Issues
- 1 Was a contractually binding agreement made?
- 2 Was the bonus agreed for teams or individuals?
- 3 Was the allocation of 75p in the pound only until April 2008?
Ratio Decidendi
The Terms of Agreement and accompanying documents constituted a contractually binding bonus agreement for the teams, not individuals, with the 75p allocation only until April 2008, terms applicable only until December 2008, no bonus cap included, and no subsequent variation or supersession proved.
Court Disposition
Liability findings made; parties to address court further on implications for claims.
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