IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

The court corrects the Breach Judgment and Remedies Judgment to attribute contractual breaches to UKL, not Holdings, except for breaches of Imperial duty by Holdings relating to Exclusion Notices, ER Window, and change in ER Policy. Remedies are to be awarded against UKL for its breaches, and Holdings remains unable to enforce NPAs. Consultation and consent issues are clarified, with UKL substituted for Holdings as the liable party where appropriate.

Parties
Claimant: IBM United Kingdom Holdings Limited; Claimant: IBM United Kingdom Limited; Defendant: Stuart Dalgleish; Defendant: Lizanne Harrison; Defendant: IBM United Kingdom Pensions Trust Limited
Jurisdiction
England and Wales
Judgment Date
18 May 2015
Procedural Posture
Civil / Post Judgment Correction and Clarification
Outcome
Judgment corrected to attribute contractual breaches to UKL; Holdings' breaches of Imperial duty do not constitute breach of contract by UKL.
Legal Topics
Breach of Contract, Implied Duty of Trust and Confidence, Remedies, Consultation, Redundancy, Pension Schemes
Employment Contract Trusts Breach of Contract Implied Duty of Trust and Confidence Remedies Consultation Redundancy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

IBM United Kingdom Holdings Limited

Claimant

IBM United Kingdom Limited

Claimant

Stuart Dalgleish

Defendant

Lizanne Harrison

Defendant

IBM United Kingdom Pensions Trust Limited

Defendant

Procedural Posture

Civil / Post Judgment Correction and Clarification

Legal Issues

  1. 1 Correction of error regarding employer identity for breach of contract
  2. 2 Attribution of contractual liability between Holdings and UKL
  3. 3 Remedies for breach of contract and Imperial duty

Ratio Decidendi

The court corrects the Breach Judgment and Remedies Judgment to attribute contractual breaches to UKL, not Holdings, except for breaches of Imperial duty by Holdings relating to Exclusion Notices, ER Window, and change in ER Policy. Remedies are to be awarded against UKL for its breaches, and Holdings remains unable to enforce NPAs. Consultation and consent issues are clarified, with UKL substituted for Holdings as the liable party where appropriate.

Court Disposition

Judgment corrected to attribute contractual breaches to UKL; Holdings' breaches of Imperial duty do not constitute breach of contract by UKL.

Orders

  • UKL substituted for Holdings as party contractually liable except for breaches of Imperial duty.
  • Remedies Judgment to be amended accordingly.