An employee sought payment under his pension scheme on taking redundancy at the employer’s request. The scheme did not make explicit provision for payment in such circumstances.
Held: The court had to begin with the words used. The kernel of retirement is the cessation of work. An employee is entitled to a normal retirement pension at the normal retirement date and that the basic rule is that if he leaves service early then he is still entitled to that pension at that time. One comes back, therefore, to the fact that a normal retirement pension is measured against retirement in the ordinary way at the retirement age. Save for the possibility of exceptional cases where the use of the expression is in truth a misuse of language, the case of voluntary redundancy fits better in the latter camp of a retirement at the request of the employer.
Judges:
Lord Justice Rix Lord Justice Aldous Lord Justice Sedley And Lady Justice Arden
Citations:
[2003] EWCA Civ 1044, Times 24-Jul-2003, Gazette 18-Sep-2003, [2003] OPLR 199, [2003] IRLR 783, [2003] Pens LR 241, [2004] ICR 15
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Birch and Humber v The University of Liverpool CA 1985
Termination of employment by mutual consent in such a way as not to involve a dismissal is not a statutory redundancy. Ackner LJ said: ‘I put to her the simple example of an employer who envisages some time in the future, eg because of new . .
Cited – Young v Associated Newspapers 1971
Three journalists were dismissed on notice in circumstances where the redundancy provisions of their contract applied. Those provisions stated that the journalists should receive ‘any entitlement under the pension scheme’. That scheme provided that . .
Cited – Dorrell v May and Baker Ltd 1991
The employee took early retirement due to incapacity. He was dismissed. The question was whether he was entitled to a pension under the incapacity clause which spoke of a member who ‘retires on account of incapacity’, in which case he got an . .
Cited – Brooks v National Westminster Bank Ltd CA 8-Nov-1983
An employee was dismissed for incapacity. The rule provided: ‘Upon retirement . . due to incapacity arising from ill-health’ Para 21 had also been premised ‘Upon retirement’, viz at, after or within ten years of the normal retirement date. Other . .
Cited – Harris v Lord Shuttleworth and Others (Trustee of National and Provincial Building Society Pension Fund) CA 26-Nov-1993
The employee was dismissed on notice. The employee applied to the trustees to be recognised as entitled to an immediate pension as having been permanently incapacitated, but her application was turned down, both on the ground that she could obtain . .
Lists of cited by and citing cases may be incomplete.
Employment, Financial Services
Updated: 07 June 2022; Ref: scu.184888