Hackett v. Vaw Motorcast Ltd [2001] UKEAT 10_00_2201 (22 January 2001)

Hackett v. Vaw Motorcast Ltd [2001] UKEAT 10_00_2201 (22 January 2001)

The Tribunal erred by failing to investigate the appellant's pension rights, necessitating remittal for determination of the quantum of loss.

Citation
[2001] UKEAT 10_00_2201
Parties
Appellant: Mr Hackett; Respondents: Unknown Respondents
Jurisdiction
United Kingdom
Judgment Date
22 January 2001
Procedural Posture
Employment Appeal / Appeal Judgment After Preliminary Hearing
Outcome
Appeal allowed; case remitted to Tribunal for determination of quantum of pension loss.
Legal Topics
Pension Rights, Tribunal Procedure, Financial Loss
Employment Law Pension Rights Tribunal Procedure Financial Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Hackett

Appellant

Unknown Respondents

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment After Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal failed to investigate the question of the appellant's pension rights of its own motion
  2. 2 Whether the appellant is entitled to a financial award for loss of pension rights

Ratio Decidendi

The Tribunal erred by failing to investigate the appellant's pension rights, necessitating remittal for determination of the quantum of loss.

Court Disposition

Appeal allowed; case remitted to Tribunal for determination of quantum of pension loss.

Orders

  • Remit case to Tribunal for establishment of the quantum of the appellant's loss of pension rights.
  • Encourage parties to settle without further hearing.