At the Tribunal | |
Before
THE HONOURABLE LORD JOHNSTON
DR A H BRIDGE
MR R P THOMSON
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
APPEARANCES
For the Appellants | Mr J McHugh, Solicitor Of- Messrs McClure Naismith Solicitors 49 Queen Street EDINBURGH EH2 3NH |
For the Respondents |
Mr S Cochran, Solicitor Of- Messrs Balfour & Manson Solicitors 54-56 Frederick Street EDINBURGH EH2 1LS |
LORD JOHNSTON:
"For the remaining period of 6 months of our quantification period we shall award him £10,000. We do so on the basis of the uncertainties which surround his new post. Plainly for the applicant the new post is something of a new venture in unfamiliar territory. The applicant was vague as to whether he would be employed, or would fall to be regarded as self employed. The company with which he was now associated were "involved in the mortgage market. They do credit care as well. It is a commission basis depending on what level of business I do. They send business my way. It is not known what business I will get".
We had no doubt, vague though he was, the applicant was giving as candid a view as he could in regard to his future remuneration prospects. Indeed we formed the impression that the new association which he has now formed was something of a "shot in the dark".
As already indicated the applicant did not expect to earn any commission until some 12 weeks after the commencement of his association. He will receive no salary. We draw the inference that while the applicant will begin to earn commission 12 weeks after the commencement of his association, it will take some time for that commission to build up. It is for these reasons that we award him £10,000 over the remaining period of 6 months of our quantification period of 18 months."
Alexander Machinery (Dudley) Ltd v E Crabtree [1974] IRLR 56
Fougere v Phoenix Motor Co Ltd [1977] 1All ER 237
Norton Tool Co Ltd v N J Tewson [1972] IRLR 86
Nohar v Granitestone (Galloway) Ltd [1974] ICR 273
Green v J Waterhouse & Sons [1977] ICR 759