Benveniste v Kingston University [2007] UKEAT 0008_07_2803 (28 March 2007)

Benveniste v Kingston University [2007] UKEAT 0008_07_2803 (28 March 2007)

The appeal was dismissed as regards the limitation of protected acts and the respondent's ability to argue gross misconduct, as these were consistent with prior binding decisions and procedural fairness. The appeal was allowed regarding the formulation of damages for pension loss, which should not be limited to employer's contributions but should reflect actual loss. The holiday pay deduction issue was properly before the tribunal under the Employment Rights Act 1996.

Citation
[2007] UKEAT 0008_07_2803
Parties
Appellant/claimant: Dr R Benveniste; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
28 March 2007
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing of Appeal Against Case Management Decisions
Outcome
Appeal dismissed in part, allowed in part
Legal Topics
Sex Discrimination, Victimisation, Wrongful Dismissal, Breach of Contract, Damages, Protected Acts, Pension Loss, Unauthorised Deduction From Wages
Employment Law Sex Discrimination Victimisation Wrongful Dismissal Breach of Contract Damages Protected Acts Pension Loss +1 more

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Parties

Dr R Benveniste

Appellant/claimant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing of Appeal Against Case Management Decisions

Legal Issues

  1. 1 Whether the claimant could rely on additional 'protected acts' for her victimisation claim
  2. 2 Whether the respondent could argue summary dismissal for gross misconduct despite not pleading it
  3. 3 Whether the formulation of damages for breach of contract, specifically pension loss, was correct

Ratio Decidendi

The appeal was dismissed as regards the limitation of protected acts and the respondent's ability to argue gross misconduct, as these were consistent with prior binding decisions and procedural fairness. The appeal was allowed regarding the formulation of damages for pension loss, which should not be limited to employer's contributions but should reflect actual loss. The holiday pay deduction issue was properly before the tribunal under the Employment Rights Act 1996.

Court Disposition

Appeal dismissed in part, allowed in part

Orders

  • Appeal dismissed as regards limitation of protected acts and summary dismissal issues
  • Appeal allowed as regards formulation of damages for pension loss; issue to be reformulated and calculation deferred unless agreed