Whitney v Monster Worldwide Ltd

Whitney v Monster Worldwide Ltd

MSL gave Mr Whitney a binding 'no detriment guarantee' regarding his pension, which was novated to MWL upon transfer of employment. The guarantee included annual increments linked to RPI, capped at 5%.

Source-derived case information.

Parties
Appellant: Robert Whitney; Respondent: Monster Worldwide Ltd
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Novation, Contractual Obligations, Occupational Pension Schemes, No Detriment Guarantee, Annual Pension Increments
Contract Law Employment Law Pensions Law Novation Contractual Obligations Occupational Pension Schemes No Detriment Guarantee Annual Pension Increments

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Whitney

Appellant

Monster Worldwide Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a binding contract for a 'no detriment guarantee' existed between Mr Whitney and MSL
  2. 2 Whether the contract was novated to Monster Worldwide Ltd upon transfer of employment
  3. 3 Whether annual pension increments were contractually agreed and their calculation

Ratio Decidendi

MSL gave Mr Whitney a binding 'no detriment guarantee' regarding his pension, which was novated to MWL upon transfer of employment. The guarantee included annual increments linked to RPI, capped at 5%.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Mr Whitney entitled to pension benefits under the 'no detriment guarantee'
  • Annual increments to be calculated by reference to RPI, capped at 5% per annum