EAT on 7th March 2006, reported at [2006] ICR 1084 (and also at [2006] IRLR 756)
NOTES

  • Knapton and others v ECC Card Clothing Ltd, EAT on 7th March 2006, reported at [2006] ICR 1084 (and also at [2006] IRLR 756)
  • The full text judgment in this case is available free of charge on the BAILII website

    Representation:-

  • Mr Paul Draycott instructed by Thompsons, Solicitors, Arundel House, 1 Furnival Square, Sheffield, South Yorkshire S1 4QL for the employees
  • Mr Colin Bourne instructed by Addleshaw Goddard, Solicitors, Sovereign House, P O Box 8, Sovereign Street, Leeds LS1 1HQ for the employer
    Authority for the propositions that:-

    1. if an employee elects to receive his pension early, the value of his pension benefits should not be deducted from the unfair dismissal compensatory award, regardless of whether the pension scheme is contributory or non-contributory or whether it is an occupational or a personal pension scheme. Pension payments are deferred wages for work done before dismissal and are not analogous to incapacity benefit and sickness benefits or jobseeker's allowance, all of which do have to be brought into account.

    2. unfair dismissal compensatory award should not include a sum in respect of the loss of life insurance cover between dismissal and the date of the Employment Tribunal hearing, unless either the employee has actually purchased replacement life cover.

    For relevant general notes go to Unfair dismissal/compensatory award/calculation of and/or Unfair dismissal/compensatory award/pension rights (loss of) .


    FINISH>
    prepared April2006