IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

IBM UK Holdings was not required to give a notice period before implementing a new ER policy, but was obliged to communicate the new policy to members. As no valid communication was made, the New ER Policy has not been validly introduced, and members remain entitled to take early retirement under the Old ER Policy until proper communication occurs.

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
19 May 2015
Procedural Posture
Civil / Post Remedies Judgment, Further Argument on Notice and Policy Adoption
Outcome
No valid introduction of New ER Policy; members entitled to Old ER Policy terms as of judgment date.
Legal Topics
Breach of Duty, Remedies, Early Retirement Policy, Notice Requirements
Trusts Pensions Company Law Breach of Duty Remedies Early Retirement Policy Notice Requirements

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 1 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 Remedies Judgment, Further Argument on Notice and Policy Adoption

Legal Issues

  1. 1 Whether IBM UK Holdings was required to give notice before adopting a new Early Retirement (ER) policy
  2. 2 Whether a new decision to adopt the ER policy was required post-31 March 2014
  3. 3 Whether members are entitled to take early retirement under the Old ER Policy until valid notice/communication is given

Ratio Decidendi

IBM UK Holdings was not required to give a notice period before implementing a new ER policy, but was obliged to communicate the new policy to members. As no valid communication was made, the New ER Policy has not been validly introduced, and members remain entitled to take early retirement under the Old ER Policy until proper communication occurs.

Court Disposition

No valid introduction of New ER Policy; members entitled to Old ER Policy terms as of judgment date.

Orders

  • IBM UK Holdings must communicate any new ER policy to members before it is validly adopted.
  • Members may take early retirement under Old ER Policy until valid communication of new policy.