Glen Dimplex UK Ltd v. Burrows [2003] UKEAT 0265_03_0610 (6 October 2003)

Glen Dimplex UK Ltd v. Burrows [2003] UKEAT 0265_03_0610 (6 October 2003)

The Tribunal erred in assessing pension loss by failing to discount for contingencies and accelerated receipt, and by making findings on the balance of probabilities rather than assessing the loss of a chance. The pension loss issue is remitted to a fresh Tribunal for rehearing.

Citation
[2003] UKEAT 0265_03_0610
Parties
Appellant/respondent Employer: Glen Dimplex Heating Ltd; Respondent/applicant: Mr Burrows
Jurisdiction
United Kingdom
Judgment Date
06 October 2003
Procedural Posture
Employment Tribunal Appeal and Cross Appeal / Appeal Against Remedies Decision
Outcome
Appeal allowed in part; cross-appeal allowed; pension loss issue remitted for rehearing; other heads of loss and company car compensation upheld.
Legal Topics
Constructive Unfair Dismissal, Remedies, Pension Loss, Compensation Assessment
Employment Law Constructive Unfair Dismissal Remedies Pension Loss Compensation Assessment

Case Brief

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Parties

Glen Dimplex Heating Ltd

Appellant/respondent Employer

Mr Burrows

Respondent/applicant

Procedural Posture

Employment Tribunal Appeal and Cross Appeal / Appeal Against Remedies Decision

Legal Issues

  1. 1 Whether the Tribunal erred in its assessment of pension loss following constructive unfair dismissal
  2. 2 Whether the Tribunal failed to account for contingencies and accelerated receipt in pension loss calculation
  3. 3 Whether the Tribunal was wrong to use the 1991 Guidelines instead of actuarial evidence

Ratio Decidendi

The Tribunal erred in assessing pension loss by failing to discount for contingencies and accelerated receipt, and by making findings on the balance of probabilities rather than assessing the loss of a chance. The pension loss issue is remitted to a fresh Tribunal for rehearing.

Court Disposition

Appeal allowed in part; cross-appeal allowed; pension loss issue remitted for rehearing; other heads of loss and company car compensation upheld.

Orders

  • Remit pension loss assessment to a fresh Tribunal for rehearing.
  • Award Applicant £290.58 for loss of use of company car.