United Kingdom Judgment

Green v P&O North Sea Ferries [1998] UKEAT 1269_97_1405 (14 May 1998)

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Source document

01

Holding and result

The claim regarding entitlement to profit-related share is arguable and should proceed to a full hearing.

Court disposition

Appeal allowed to proceed to full hearing

Orders

  • Matter to proceed to full hearing
  • Category C
  • Estimated length of time 1.5 hours

02

Material facts

Parties

Mr J Green

Appellant Counsel: Mr Tom Linden

P&O North Sea Ferries

Respondent

Amounts and remedies

  • Estimated Hearing Length: 1.5

03

Procedural history

  1. Posture

    Employment Appeal / Preliminary Hearing Ex Parte

04

Questions and positions

Legal issues

Whether the employment contract prevents the appellant from claiming profit-related share upon termination

Party arguments

Applicant
The construction of the contract by the Tribunal is arguably incorrect and does not prevent the appellant from claiming profit-related share known at the end of the financial year in which he left employment.
Respondent
The contract, as construed by the Tribunal, prevents the appellant from claiming profit-related share upon termination.

05

Court’s reasoning

  1. 01

    Industrial Tribunal decision

    Proper construction of employment contracts determines entitlement to profit-related shares upon termination.

06

Ratio, limits and disposition

Ratio decidendi

The claim regarding entitlement to profit-related share is arguable and should proceed to a full hearing.

Court disposition

Appeal allowed to proceed to full hearing

  • Matter to proceed to full hearing
  • Category C
  • Estimated length of time 1.5 hours

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1998] UKEAT 1269_97_1405

JUDGMENT PRELIMINARY HEARING - EX PARTE © Copyright 1998

APPEARANCES For the Appellant

MR TOM LINDEN (of Counsel) Messrs Pattinson & Brewer Solicitors 30 Great James Street London WC1N 3HA

JUDGE LEVY QC : This is a preliminary hearing of an appeal by Mr J Green from a decision of an Industrial Tribunal sitting in Hull on 6th August 1997. The Tribunal had to consider a short point of construction of contract terminating Mr Green's employment with P&O North Sea Ferries. They construed it in a way which Mr Linden submits is arguably incorrect. They held that the contract signed by Mr Green prevented him claiming for profits related share which was known at the end of the financial year in which he was leaving the Company's employment. Mr Linden has persuaded us that the claim he wishes to put forward is arguable and, accordingly, we let it proceed to a full hearing. Category C. Estimated length of time 1½ hours. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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