Green v P&O North Sea Ferries [1998] UKEAT 1269_97_1405 (14 May 1998)
- Citation
- [1998] UKEAT 1269_97_1405
- Status
- Judgment
- Jurisdiction
- United Kingdom
- Posture
- Employment Appeal / Preliminary Hearing Ex Parte
More details
- Posture
- Employment Appeal / Preliminary Hearing Ex Parte
On this page
Professional case brief
Research organized from the available case record
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 LindenP&O North Sea Ferries
RespondentAmounts and remedies
- Estimated Hearing Length: 1.5
03
Procedural history
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
Legal principles
- 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
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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