Partner wins unfair dismissal claim against Finchley firm

A salaried partner at a North Finchley firm who was sacked after demanding £2,800 in commission has won his claim for unfair dismissal at North London Industrial Tribunal.

John Getling, a salaried partner for three and a half years at general commercial practice Peter Brown & Co, told the tribunal, held last November, that after several months trying to obtain his commission, he had finally written a memo to Brown demanding payment.

He said: 'Within an hour of handing my memo to Peter Brown, he came into my room and told me I was sacked…I was absolutely stunned…I do not know, even now, the reasons for my dismissal.'

Brown said that he had sacked Getling with notice after a verbal exchange during which 'Getling became extremely abusive and venomous…He said he would issue proceedings against me by the end of the week if payment was not received in full…he said he 'would see me cry'. It's totally contrary to how I believe partners should behave towards each other.'

In its written decision, issued this month, the tribunal said Getling 'had attempted to raise the matter of commission on several occasions prior to the end of April but without success'.

It added: 'While there may have been some urgency and exasperation in his approach, this was not unreasonable given the circumstances.'

But the tribunal ruled that an assistant solicitor at the firm, Nawal Kumrai, who was claiming constructive dismissal, had resigned and was not dismissed.

The tribunal has adjourned money claims and compensation to 9 February. Kumrai and Getling's counsel was Linda Goldman. Peter Brown's was Anthony De Freitas.