Bentwood Bros (Manchester) Ltd. v Shepherd [2003] EWCA Civ 380 (27 February 2003)

Bentwood Bros (Manchester) Ltd. v Shepherd [2003] EWCA Civ 380 (27 February 2003)

The Tribunal erred in law by applying a single 5% deduction for accelerated receipt rather than an annual rate and by awarding interest on gross compensation instead of net sums; the award of 10 years' pension loss was not perverse given the unchallenged evidence and lack of contrary evidence from the employer.

Source-derived case information.

Citation
[2003] EWCA Civ 380
Parties
Claimant/appellant: Bentwood Bros (Manchester) Ltd; Defendant/respondent: Mrs B E Shepherd
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Unfair Dismissal, Sex Discrimination, Compensation Assessment, Pension Loss, Interest on Awards
Employment Law Discrimination Law Unfair Dismissal Sex Discrimination Compensation Assessment Pension Loss Interest on Awards

Source-derived case record

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Parties

Bentwood Bros (Manchester) Ltd

Claimant/appellant

Mrs B E Shepherd

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Tribunal was perverse in awarding 10 years' future pension loss
  2. 2 Whether the Tribunal erred in law in deducting only 5% for accelerated payment of future loss
  3. 3 Whether the Tribunal erred in law in awarding interest on gross compensation

Ratio Decidendi

The Tribunal erred in law by applying a single 5% deduction for accelerated receipt rather than an annual rate and by awarding interest on gross compensation instead of net sums; the award of 10 years' pension loss was not perverse given the unchallenged evidence and lack of contrary evidence from the employer.

Court Disposition

Appeal allowed in part

Orders

  • Remit the question of discount for accelerated receipt to the Tribunal for reconsideration
  • Interest to be awarded only on net sums after tax and National Insurance deductions