Ibekwe v London General Transport Services Ltd. [2003] EWCA Civ 1075 (25 July 2003)

Ibekwe v London General Transport Services Ltd. [2003] EWCA Civ 1075 (25 July 2003)

The employer did not owe the claimant a contractual or tortious duty to ensure actual receipt of information about the pension transfer option, as the option did not arise from collectively negotiated terms incorporated into the contract. Even if such a duty existed, the employer took reasonable steps to inform employees by distributing information with payslips and posting notices, which satisfied any duty to inform. There was no breach and no causation established between any alleged breach and the claimant's loss.

Citation
[2003] EWCA Civ 1075
Parties
Appellant/claimant: Daniel Ibekwe; Respondent/defendant: London General Transport Services Ltd
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Civil Appeal / Appeal From Bow County Court Judgment on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Implied Contractual Terms, Employer's Duty to Inform, Occupational Pension Rights, Negligence in Employment Context, Causation of Economic Loss
Employment Law Pensions Law Implied Contractual Terms Employer's Duty to Inform Occupational Pension Rights Negligence in Employment Context Causation of Economic Loss

Case Brief

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Parties

Daniel Ibekwe

Appellant/claimant

London General Transport Services Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Bow County Court Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the employer had a contractual or tortious duty to inform the employee of pension transfer options and enhancements on privatisation
  2. 2 Whether any such duty was breached by the employer's method of communication
  3. 3 Whether any breach caused the claimant's economic loss

Ratio Decidendi

The employer did not owe the claimant a contractual or tortious duty to ensure actual receipt of information about the pension transfer option, as the option did not arise from collectively negotiated terms incorporated into the contract. Even if such a duty existed, the employer took reasonable steps to inform employees by distributing information with payslips and posting notices, which satisfied any duty to inform. There was no breach and no causation established between any alleged breach and the claimant's loss.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs of the appeal, to be determined
  • Community Legal Services Detailed Assessment of Appellant's publicly funded costs