Court remits salary/levy case
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• The Road Transport Industrial Board on Wednesday won a High Court appeal against an Industrial Tribunal ruling that a Stokeon-Trent garage managing director's salary should not be taken Into consideration when assessing the company's training levy, The Queen's Bench divisional court directed that the case be remitted to the Tribunal to be determined afresh.
Mr. Edward James Reader, managing director of Readers Garage Ltd,,. Blurton Road, Blurton, Stoke, had successfully appealed to the Tribunal last August, contending that his £1,450 a year salary should not be included in the assessment.
The levy imposed on the garage, which has seven employees apart from Mr. Reader, is £35. If his salary is to be included it will increase to £58. Lord Parker (the Lord Chief Justice), who sat with Lord Justice Edmund Davies and Mr. Justice Blain, said that if necessary the Tribunal should hear further evidence. The decision depended exactly on what work Mr. Reader did.
The Tribunal must now establish whether any contract of service between Mr. Reader and the garage should be implied.
If a contract of service was to be implied, the Tribunal must decide the cost of Mr. Reader's services to the company. Any sums he drew as a director would not have to be aggregated for the assessment. But amounts earned as a servant of the company would.
Lord Justice Edmund Davies and Mr. Justice Blain agreed. Counsel for the Board said he was instructed not to ask for costs.