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 to perform his occupation by reason of sickness while in active service, and the scheme did not exclude pre-existing conditions or require the insurer's decision to be final. The employer's dismissal of...

Source-derived case information.

Citation
[2000] EWHC 555 (QB)
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, Sickness and Incapacity
Employment Law Contract Law Permanent Health Insurance Schemes Employee Benefits Dismissal Interpretation of Employment Contracts Pre Existing Conditions Sickness and Incapacity

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Summary, issues, holding and outcome

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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 becoming incapacitated by sickness
  2. 2 Whether pre-existing conditions excluded the claimant from coverage under the scheme
  3. 3 Whether the employer was entitled to dismiss the claimant and thereby terminate his entitlement to benefits

Ratio Decidendi

The claimant was entitled to benefits under the permanent health insurance scheme because he became totally unable to perform his occupation by reason of sickness while in active service, and the scheme did not exclude pre-existing conditions or require the insurer's decision to be final. The employer's dismissal of the claimant was a breach of contract, entitling him 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.