Case tracker—judgments handed down in 2017—pensions
Case tracker—judgments handed down in 2017—pensions

The following Pensions guidance note provides comprehensive and up to date legal information covering:

  • Case tracker—judgments handed down in 2017—pensions
  • The employment relationship and pensions
  • Discrimination
  • Forfeiture and set-off of benefits
  • Ill-health benefits
  • Implied duty of trust and confidence
  • Indexation/Revaluation
  • Investment
  • Pensions and divorce
  • Pension benefits
  • more

The entries in this tracker are organised by topic. These topics are listed in the Table of Contents (to the left of the page).

The employment relationship and pensions

University of Sunderland v Drossou

Case information:
  1. Full name: University of Sunderland v Ms K Drossou

  2. Citation: UKEAT/0341/16/RN

  3. Court: Employment Appeal Tribunal

  4. Judgment date: 13 June 2017

  5. Representation:

    1. James Boyd (instructed by Watson Burton LLP) for the Appellant (University of Sunderland)

    2. No appearance or representation by or on behalf of Respondent (Ms K Drossou)

Facts:

The appeal concerned the calculation of a week’s pay for the purposes of calculating the maximum limit of a compensatory award for unfair dismissal under the Employment Rights Act 1996, s 124(1ZA)(b), and in particular whether it could include the employer’s pension contributions. The Employment Tribunal had held that the award should include such contributions.
Decision:

The Employment Appeal Tribunal (EAT) held that the statutory language was key when deciding whether a week’s pay for the purposes of ERA 1996 includes pension contributions made by an employer on the employee’s behalf. In construing ERA 1996, s 222, it was therefore material tolook at other provisions in the same Act as an aid.

In the EAT’s judgment, the use of the words ‘sums paid tothe worker’ in the ERA 1996, s 27 definition of wages for the purposes of Part II of that Act, and their absence from ERA 1996, s 221(2) in referring toa week’s pay in Part X for the purposes of the upper limit on a