Pioneer Technology (UK) Ltd. v Jowitt [2003] EWCA Civ 411 (18 March 2003)

Pioneer Technology (UK) Ltd. v Jowitt [2003] EWCA Civ 411 (18 March 2003)

Clause 5.3 of the employment contract is a free-standing obligation, not limited by the employer's insurance policy, and entitles the employee to long-term disability payments if, after 26 weeks' absence, he is medically certified as unable to work, meaning unable to find continuous remunerative full-time work which he can realistically be expected to do.

Citation
[2003] EWCA Civ 411
Parties
Appellant/respondent: Pioneer Technology (UK) Limited; Respondent/appellant: Michael Jowitt
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed in part; matter remitted to Employment Tribunal for factual determination.
Legal Topics
Long Term Disability Benefits, Interpretation of Employment Contracts, Unauthorised Deductions From Wages
Employment Law Contract Law Long Term Disability Benefits Interpretation of Employment Contracts Unauthorised Deductions From Wages

Case Brief

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Parties

Pioneer Technology (UK) Limited

Appellant/respondent

Michael Jowitt

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether clause 5.3 of the employment contract entitles the employee to long-term disability payments independent of the employer's insurance policy
  2. 2 Whether 'unable to work' in clause 5.3 means inability to do any work or only the pre-accident job

Ratio Decidendi

Clause 5.3 of the employment contract is a free-standing obligation, not limited by the employer's insurance policy, and entitles the employee to long-term disability payments if, after 26 weeks' absence, he is medically certified as unable to work, meaning unable to find continuous remunerative full-time work which he can realistically be expected to do.

Court Disposition

Appeal allowed in part; matter remitted to Employment Tribunal for factual determination.

Orders

  • Remit to Employment Tribunal the question of whether the applicant is or has been unable to work within the meaning of the contract of employment.
  • Costs of this appeal to be paid by the unsuccessful party before the Employment Tribunal.