Blackburn v. Maconde (UK) Ltd [2003] UKEAT 0722_02_2511 (25 November 2003)

Blackburn v. Maconde (UK) Ltd [2003] UKEAT 0722_02_2511 (25 November 2003)

Ms Blackburn was not contractually entitled to commission as the £10 million turnover pre-condition was incorporated into her contract. The dismissal was procedurally unfair due to the absence of an appeal process, especially given the parent company's resources, and thus was an unfair dismissal. Her conduct in...

Source-derived case information.

Citation
[2003] UKEAT 0722_02_2511
Parties
Appellant: Ms Blackburn; Respondent: Maconde (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
25 November 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Commission Entitlement, Unfair Dismissal, Wrongful Dismissal, Disciplinary Procedures
Employment Law Contract Law Commission Entitlement Unfair Dismissal Wrongful Dismissal Disciplinary Procedures

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Parties

Ms Blackburn

Appellant

Maconde (UK) Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Ms Blackburn was contractually entitled to commission
  2. 2 Whether Ms Blackburn was unfairly dismissed
  3. 3 Whether Ms Blackburn was wrongfully dismissed

Ratio Decidendi

Ms Blackburn was not contractually entitled to commission as the £10 million turnover pre-condition was incorporated into her contract. The dismissal was procedurally unfair due to the absence of an appeal process, especially given the parent company's resources, and thus was an unfair dismissal. Her conduct in writing herself a cheque amounted to gross misconduct, so the wrongful dismissal claim fails.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal against commission entitlement dismissed
  • Appeal against unfair dismissal allowed; finding of unfair dismissal substituted and remitted for remedy