Prometric Ltd v Cunliffe

Prometric Ltd v Cunliffe

It is inconceivable that a binding oral agreement regarding pension entitlement was made without documentation, especially between HR executives. No objective intention existed to provide comparable benefits after Prometric ceased to be a Thomson company, and no such term can be implied. The claim discloses no reasonable cause of action and has no real prospect of success.

Parties
Appellant/defendant: Prometric Limited; Respondent/claimant: John Cunliffe
Jurisdiction
England and Wales
Judgment Date
23 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court (strike Out/summary Judgment Application)
Outcome
Appeal allowed; claim struck out.
Legal Topics
Employment Contracts, Pension Entitlements, Implied Terms, Summary Judgment, Strike Out Applications
Employment Law Contract Law Employment Contracts Pension Entitlements Implied Terms Summary Judgment Strike Out Applications

Case Brief

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Parties

Prometric Limited

Appellant/defendant

John Cunliffe

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (strike Out/summary Judgment Application)

Legal Issues

  1. 1 Whether an alleged oral agreement regarding pension entitlement was contractually binding
  2. 2 Whether the claim disclosed a reasonable cause of action or real prospect of success
  3. 3 Whether a term could be implied into the employment contract requiring provision of comparable pension benefits after change of ownership

Ratio Decidendi

It is inconceivable that a binding oral agreement regarding pension entitlement was made without documentation, especially between HR executives. No objective intention existed to provide comparable benefits after Prometric ceased to be a Thomson company, and no such term can be implied. The claim discloses no reasonable cause of action and has no real prospect of success.

Court Disposition

Appeal allowed; claim struck out.

Orders

  • Claim struck out; no trial required.