Brand v Compro Computer Services Ltd [2003] UKEAT 1164_02_3004 (30 April 2003)

Brand v Compro Computer Services Ltd [2003] UKEAT 1164_02_3004 (30 April 2003)

The Tribunal correctly interpreted the contract to require employment at the time commission payment crystallises; Mr Brand was entitled to damages for breach of contract for commission lost due to summary dismissal, but not for commission payments due after termination. The Tribunal's refusal to re-open the issue of gross vs net payment was within its discretion and not erroneous in law.

Citation
[2003] UKEAT 1164_02_3004
Parties
Appellant: Mr Nicholas Brand; Respondent: Compro Computer Services Ltd
Jurisdiction
United Kingdom
Judgment Date
30 April 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Breach of Contract, Commission Payments, Redundancy, Damages, Tax Treatment of Damages
Employment Law Contract Law Unfair Dismissal Breach of Contract Commission Payments Redundancy Damages Tax Treatment of Damages

Case Brief

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Parties

Mr Nicholas Brand

Appellant

Compro Computer Services Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Entitlement to commission payments upon termination
  2. 2 Interpretation of contractual clause regarding commission
  3. 3 Assessment of damages for breach of contract

Ratio Decidendi

The Tribunal correctly interpreted the contract to require employment at the time commission payment crystallises; Mr Brand was entitled to damages for breach of contract for commission lost due to summary dismissal, but not for commission payments due after termination. The Tribunal's refusal to re-open the issue of gross vs net payment was within its discretion and not erroneous in law.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Both appeal and cross-appeal dismissed.
  • Damages awarded to Mr Brand in the sum of £9,464.08.