Pearce v Roy T Ward (Consultants) Ltd [1996] UKEAT 180_96_1110 (11 October 1996)

Pearce v Roy T Ward (Consultants) Ltd [1996] UKEAT 180_96_1110 (11 October 1996)

The term relating to relocation expenses is not divisible from the contract of employment; wrongful dismissal by the respondent releases the appellant from the obligation to repay relocation expenses. The Industrial Tribunal had jurisdiction to entertain the employer's claim. Staff loans are governed by a separate...

Source-derived case information.

Citation
[1996] UKEAT 180_96_1110
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
11 October 1996
Procedural Posture
Appeal and Cross Appeal / Judgment
Outcome
Appeal allowed in part; cross-appeal allowed in part.
Legal Topics
Wrongful Dismissal, Repayment of Relocation Expenses, Staff Loans, Jurisdiction of Industrial Tribunal
Employment Law Contract Law Wrongful Dismissal Repayment of Relocation Expenses Staff Loans Jurisdiction of Industrial Tribunal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Appeal and Cross Appeal / Judgment

Legal Issues

  1. 1 Whether the Industrial Tribunal had jurisdiction to entertain the employer's claim for repayment of relocation expenses and staff loans
  2. 2 Whether the term relating to relocation expenses is divisible from the contract of employment
  3. 3 Effect of wrongful dismissal on repayment obligations

Ratio Decidendi

The term relating to relocation expenses is not divisible from the contract of employment; wrongful dismissal by the respondent releases the appellant from the obligation to repay relocation expenses. The Industrial Tribunal had jurisdiction to entertain the employer's claim. Staff loans are governed by a separate memorandum and remain repayable.

Court Disposition

Appeal allowed in part; cross-appeal allowed in part.

Orders

  • Appellant not obliged to repay relocation expenses.
  • Appellant remains liable to repay staff loans as per memorandum of 21 June 1994.