Colin Graham v Larmour Estates Ltd, t/a Ulster Property Sales [2018]

Posted In: Case Law
  • Case Reference
    NIIT 02795_16IT
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Pay, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Contract of Employment; Variation of Contractual Terms; Profit Share Agreement; Unspecified Amount; Jurisdiction of the Tribunal

The claimant was employed as an estate agent. The good work relationship that existed between the claimant and the respondent led to an agreement that the former would be entitled to receive 20% of the annual profits after tax.  The agreement was committed to writing, albeit only on an unsigned sheet of paper, but both parties accepted the validity of the document.

The claimant argued that the agreement ought to be viewed as a term of the employment contract whereas the respondent contended that it merely had the status of an informal arrangement. The respondent also asserted that payment of the profit share was subject to the claimant being employed for the whole financial year

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This article is correct at 01/03/2018
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John Taggart BL

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