Anite Systems Ltd v Williams-Key [2001] UKEAT 898_98_0202 (2 February 2001)
The employer's contractual obligation is to maintain PHI insurance providing minimum benefits as per the scheme in force at contract inception, and to pass on those benefits; there is no obligation to pay employee's pension contributions unless included in the PHI scheme. The Employment Tribunal lacks jurisdiction as the disputed sums are not wages under section 27.
- Citation
- [2001] UKEAT 898_98_0202
- Parties
- Applicant: Mr Williams-Key; Respondent: Anite Systems Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 February 2001
- Procedural Posture
- Employment Tribunal Appeal / Appeal Judgment
- Outcome
- Both appeals dismissed
- Legal Topics
- Permanent Health Insurance, Pension Contributions, Employment Contract Construction, Jurisdiction Under Employment Rights Act
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Williams-Key
Applicant
Anite Systems Ltd
Respondent
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Legal Issues
- 1 Whether employer is contractually obliged to pay employee's pension contributions during PHI benefit period
- 2 Proper construction of employment contract and Employees' Handbook
- 3 Jurisdiction of Employment Tribunal under section 27 Employment Rights Act
Ratio Decidendi
The employer's contractual obligation is to maintain PHI insurance providing minimum benefits as per the scheme in force at contract inception, and to pass on those benefits; there is no obligation to pay employee's pension contributions unless included in the PHI scheme. The Employment Tribunal lacks jurisdiction as the disputed sums are not wages under section 27.
Court Disposition
Both appeals dismissed
Orders
- Applicant's appeal dismissed
- Respondent's appeal against strike-out dismissed
Full Case Text
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