Earl v Cantor Fitzgerald International [2000] EWHC 555 (QB) (26 May 2000)

Earl v Cantor Fitzgerald International [2000] EWHC 555 (QB) (26 May 2000)

The claimant was entitled to benefits under the permanent health insurance scheme because he became totally unable by reason of sickness (including both physical and mental illness) to follow his occupation while in active service, and there were no express exclusions for pre-existing conditions or self-induced incapacity. The scheme was part of the employment contract, not an insurance contract, and the employer was the contractual counterparty responsible for payment. Dismissal in these circumstances was a breach of contract entitling the claimant to damages equivalent to the lost benefits.

Citation
[2000] EWHC 555
Parties
Claimant: Simon Anthony Earl; Defendant: Cantor Fitzgerald International
Jurisdiction
England and Wales
Judgment Date
26 May 2000
Procedural Posture
Employment Contract Claim / High Court Judgment
Outcome
Judgment for the claimant
Legal Topics
Permanent Health Insurance Schemes, Employee Benefits, Dismissal, Interpretation of Employment Contracts, Pre Existing Conditions, Causation in Disability Claims
Employment Law Contract Law Permanent Health Insurance Schemes Employee Benefits Dismissal Interpretation of Employment Contracts Pre Existing Conditions Causation in Disability Claims

Case Brief

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Parties

Simon Anthony Earl

Claimant

Cantor Fitzgerald International

Defendant

Procedural Posture

Employment Contract Claim / High Court Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to benefits under the employer's permanent health insurance scheme after being dismissed due to incapacity
  2. 2 Whether pre-existing conditions or self-induced incapacity excluded the claimant from benefit
  3. 3 Whether the scheme was to be construed as an insurance contract or as part of the employment contract

Ratio Decidendi

The claimant was entitled to benefits under the permanent health insurance scheme because he became totally unable by reason of sickness (including both physical and mental illness) to follow his occupation while in active service, and there were no express exclusions for pre-existing conditions or self-induced incapacity. The scheme was part of the employment contract, not an insurance contract, and the employer was the contractual counterparty responsible for payment. Dismissal in these circumstances was a breach of contract entitling the claimant to damages equivalent to the lost benefits.

Court Disposition

Judgment for the claimant

Orders

  • The claimant is entitled to damages equivalent to the benefits he would have received under the permanent health insurance scheme, subject to calculation.
  • The claimant is entitled to damages for loss of medical insurance, subject to calculation.